Burr & Forman

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420 North 20th Street
Suite 3400
Birmingham, AL 35203, United States
Phone: (205) 251-3000
Fax: (205) 458-5100
Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Personal Injury
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Alabama
  • Florida
  • Georgia
  • Mississippi
  • Tennessee
Number of Attorneys
100+ Attorneys

Banking & Financial Services E-Note - October 2017

After months of wrangling, the U.S. Senate voted to pass substantive and impactful legislation on Tuesday evening regarding the Consumer Finance Protection Bureau. Please see full E-Note for more information…more

ALJ, Arbitration, Arbitration Agreements, Banking Sector, CFPB

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Loss Payee Versus Lender’s Loss Payee: One Word Can Make All The Difference

When a lender makes a loan secured by personal property, it will perfect its interest in the collateral under applicable law. To further protect the value of the collateral supporting its loan, the lender will also require proof…more

Collateral, Insurance Industry, Lenders, Loans, Loss Payee

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Corporate & Tax E-Note - December 2014

In this issue: - SEC Crowdfunding Rules Delayed Until October 2015 - Mega M&A Experiencing One of Biggest Booms in History - Some Small Business Owners Say Tax Break Extension Not Enough - 2014…more

Banking Sector, Banks, Corporate Taxes, Crowdfunding, FASB

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Banking & Financial Services E-Note - February 2016

Cases decided recently in Florida and Illinois call into question one legal rule that some might have thought well-settled: a firstperfected security interest in collateral beats a later-perfected lien creditor's interest in…more

Banking Sector, Bankruptcy Court, DOJ, DOL, Foreclosure

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Banking & Financial Services E-Note - November 2016

Employers across the country can now exhale. On Tuesday, November 22, 2016, a Texas federal court entered a nationwide injunction blocking the U.S. Department of Labor’s (“DOL”) new federal overtime rules from taking effect on…more

DOL, Employee Benefits, ERISA, Exempt-Employees, Fiduciary Duty

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Health Care E-Note - June 2017

When a physician leaves a medical practice, especially if the physician stays in the area to compete against his/her former employer, the situation can become stressful and acrimonious. Please see full E-Note below for more…more

Certificate of Need, Health Care Providers, Healthcare Facilities, HIPAA Breach, Medicare Claims Appeals Process

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Construction E-Note - September 2014

In This Issue: - Arbitration Panel Misconstrues Contractor Licensing Law: Court Allows Decision to Stand - Expect New Sports Stadiums - as Long as They Make Money for the State - OSHA Proposes New Injury and…more

Arbitration, Construction Industry, Construction Workers, Licensing Rules, OSHA

See all updates »

Banking & Financial Services E-Note - July 2017

What does a recent Georgia Supreme Court case mean for the viability of the state's confirmation statute? Atlanta Partner Erich Durlacher explores answers in this Alert. Please see full E-Note below for more information…more

Bank of New York (BNY) Mellon, Boilerplate Language, Chapter 11, Commercial Bankruptcy, Cyber Threats

See all updates »

Banking & Financial Services E-Note - July 2017

What does a recent Georgia Supreme Court case mean for the viability of the state's confirmation statute? Atlanta Partner Erich Durlacher explores answers in this Alert. Please see full E-Note below for more information…more

Bank of New York (BNY) Mellon, Boilerplate Language, Chapter 11, Commercial Bankruptcy, Cyber Threats

See all updates »

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, HIPAA, HIPAA Audits

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Corporate E-Note - July 2017

Cyber threats take many forms. The widespread WannaCry ransomware attack in May of 2017 highlighted how computer files could be held hostage in return for payment, while the Dyn denial of service in October of 2016 highlighted…more

Amazon Marketplace, Beer, Chain of Distribution, Cyber Attacks, Cybersecurity

See all updates »

Testimony on Prior Plaintiff’s Possession of Original Note at Inception May Fail When Contravened By Pleadings & Without Other Evidentiary Support

In David L. Ham, Jr. v. Nationstar Mortgage, LLC, 1D14-4024 (Fla. 1st DCA May 12, 2015), the First District Court of Appeals (“First DCA”) reversed the trial court’s Final Judgment of Foreclosure in favor of Nationstar for…more

Final Judgment, Financial Institutions, Foreclosure, Mortgage Lenders, Mortgage Loan Originators

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Banking & Financial Services E - Note - May 30, 2013

In This Issue: - New Suits Filed as Credit Card Swipe Fee Settlement Deadline Looms - Sec. Lew Tells Senate Committee of Plans to Accelerate Dodd-Frank - New Mortgage Rule to Block Access to Credit, Witnesses Warn…more

Background Checks, CFPB, Credit Cards, Credit Unions, Dodd-Frank

See all updates »

Banking & Financial Services E -Note - March 2015

In This issue: - 6 Things You Need to Know Before Filing Chapter 11 Bankruptcy - Don’t Get Left in the Dark: Pre-eviction Noticing Requirements Following Sunset on the Protecting Tenants at Foreclosure Act -…more

Banks, CFPB, Chapter 11, Commercial Bankruptcy, Consumer Financial Contracts

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Business Litigation E-Note - September 2017

Cyber threats take many forms. The widespread WannaCry ransomware attack in May of 2017 highlighted how computer files could be held hostage in return for payment, while the Dyn denial of service in October of 2016 highlighted…more

Arbitration, Arbitration Agreements, Business Disruption, Business Litigation, Class Action

See all updates »

Construction E-Note - June 27, 2014

In This Issue: - Mississippi Legislature Expands State’s Lien Law to Protect Subcontractors, Suppliers, and Materialmen - The Alabama Supreme Court Broadens the Definition of “Occurrence” in a General Contractor’s…more

Commercial General Liability Policies, Contractors, Employer Liability Issues, Federal Contractors, HIPAA

See all updates »

Banking & Financial Services E-Note - January 31, 2014

In This Issue: - DOJ Weighs Action Against Banks Over Payday Lending Business - More Regulatory Scrutiny Causing Banks to Pass on LBOs - Officials to Issue New Rules on Banks Holding Marijuana Funds - Fed…more

ATMs, Banks, CFPB, Commodities, Compliance

See all updates »

Labor & Employment E-Note - February 14, 2014

In This Issue: - High Court Rules Steel Workers Need Not be Paid for Changing Clothes - NLRB Proposes Rules to Streamline Unionization Voting Process - Obama Administration Delays Another Health Insurance…more

Affordable Care Act, Employer Mandates, FLSA, Healthcare, NLRA

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Banking & Financial Services E-Note - November 2017

Two Burr attorneys recently led panel discussions at the Annual Conference of the Conference on Consumer Finance Law at its recent event in Ft. Worth, TX, on November 2-3. Nashville Partner Zach Miller led the panel discussing…more

Banking Sector, Consumer Bankruptcy, Consumer Financial Products, FACTA, Innocent Spouse Exception

See all updates »

Corporate E-Note - August 2016

In a “Table of Experts” series published on July 15, 2016 by the Birmingham Business Journal, Ed Christian provides his insight into a series of questions related to mergers and acquisitions. Please see full E-note below…more

Acquisitions, Administrative Proceedings, ALJ, Business Associates, Business Development

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Banking & Financial Services E-Note - February 2017

The White House clarified that Trump’s January 30 “two for one” Executive Order doesn’t apply to the SEC and other independent regulatory agencies, Reuters reported. Despite press coverage, the Order doesn’t actually require the…more

Banking Sector, Consumer Bankruptcy, Consumer Lenders, Deregulation, Dodd-Frank

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Labor & Employment E-Note - March 2017

If your employees use business vehicles or personal vehicles for work, you should take heed of Great American Alliance Ins. Co. v.Anderson, 2017 U.S. App. LEXIS 2277 (11th Cir. Feb. 8, 2017), involving approximately $1 million…more

Best Practices, Company Vehicles, Criminal Background Checks, Employer Liability Issues, Foreign Workers

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Corporate E-Note - July 2017

Cyber threats take many forms. The widespread WannaCry ransomware attack in May of 2017 highlighted how computer files could be held hostage in return for payment, while the Dyn denial of service in October of 2016 highlighted…more

Amazon Marketplace, Beer, Chain of Distribution, Cyber Attacks, Cybersecurity

See all updates »

Corporate E-Note - July 2017

Cyber threats take many forms. The widespread WannaCry ransomware attack in May of 2017 highlighted how computer files could be held hostage in return for payment, while the Dyn denial of service in October of 2016 highlighted…more

Amazon Marketplace, Beer, Chain of Distribution, Cyber Attacks, Cybersecurity

See all updates »

Corporate E-Note - October 2015

By now, everyone has heard of the Department of Labor’s ("DOL's") proposed rule requiring a weekly salary of at least $970.00, or $50,440.00 annually, for employees to be exempt from the Fair Labor Standards Act's ("FLSA's")…more

Chapter 7, Cloud Computing, Commercial Bankruptcy, FTC, International Data Transfers

See all updates »

FINRA Proposed Increasing Number of Public Arbitrators on Arbitrator Candidate Slates in Customer Cases

The Financial Industry Regulatory Authority (“FINRA”) recently proposed a change to Rule 12403 of the Code of Arbitration Procedure for Customer Disputes to the Securities and Exchange Commission. FINRA’s proposal is that Rule…more

Arbitration, Financial Institutions, Financial Markets, FINRA, SEC

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Labor & Employment E-Note - January 2017

The Supreme Court of the United States is, of course, known for landmark decisions affecting the lives of Americans. When we hear “SCOTUS” we think of famous civil rights cases such as Marbury v. Madison, (1803) which…more

ALJ, DOL, Electronically Stored Information, FLSA, Immigrants

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Labor & Employment E-Note - July 2017

Employers who have been anxiously awaiting an answer as to whether the Department of Labor (“DOL”) will continue to defend the Obama Administration’s controversial overtime rule that was temporarily blocked by a federal court…more

Cyber Attacks, Cybertheft, DOL, FLSA, Hackers

See all updates »

Labor & Employment E-Note - October 2017

Employers often struggle with the balance between effective employee management and oversight and respect for employee privacy in the workplace. Mobile associate Emily Crow discusses common methods by which employers regulate…more

Confidential Information, Customer Information, Drug & Alcohol Abuse, Employee Privacy Rights, Employer Liability Issues

See all updates »

Construction E-Note - March 28, 2013

In This Issue: - The Emperor’s New Economic Loss Rule - The Architect's Role in the Construction Project - USCIS Introduces New Form I-9 - Considering Construction Delivery Methods on Public Works - The Other…more

Architects, Economic Loss Doctrine, Fiscal Cliff, I-9, Public Projects

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Banking & Financial Services E-Note - November 2017

Two Burr attorneys recently led panel discussions at the Annual Conference of the Conference on Consumer Finance Law at its recent event in Ft. Worth, TX, on November 2-3. Nashville Partner Zach Miller led the panel discussing…more

Banking Sector, Consumer Bankruptcy, Consumer Financial Products, FACTA, Innocent Spouse Exception

See all updates »

Labor & Employment E-Note - December 2016

When Donald Trump takes office in January 2017 he will enjoy Republican majorities in both the House and Senate, which should allow him to take quick action on a number of employment law issues.Although there is some…more

ADA, Employee Benefits, FMLA, Immigration Reform, Minimum Wage

See all updates »

Banking & Financial Services E-Note - September 2016

In an article published in the September / October issue of Commercial Real Estate Investment Magazine, Drew Demers provides guidance on how commercial loans and bank-owned real estate sales have changed due to growth in…more

Beer, Breweries, Business Formation, Business Plans, Commercial Bankruptcy

See all updates »

Project Documentation: The Bad Little Email That Got Produced

Believe it or not, there are always a wealth of emails and other documents produced in litigation that help “make the case” for the other side. Take, for the example, the e-mail I found in the files of one superintendent…more

Best Practices, Construction Industry, Document Management, Project Management

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New FINRA Rules Address Elderly Abuse

On February 5, 2018, FINRA will enact two rules to assist brokers with addressing financial exploitation of the elderly. Statistically, the elderly have a 1 in 20 chance of being a victim of financial exploitation…more

Brokers, Elder Abuse, Elder Issues, Exploitation, Financial Services Industry

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Recent Fed Action Presents Compliance Questions

The Federal Reserve announced on August 3, 2016, that it would fine Goldman Sachs $36.3 million in connection with a leak of confidential information from its New York branch. The leak was discovered and reported by Goldman…more

Confidential Information, Cooperative Compliance Regime, Criminal Investigations, Federal Reserve, Federal Sentencing Guidelines

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Labor & Employment E-Note - October 2017

Employers often struggle with the balance between effective employee management and oversight and respect for employee privacy in the workplace. Mobile associate Emily Crow discusses common methods by which employers regulate…more

Confidential Information, Customer Information, Drug & Alcohol Abuse, Employee Privacy Rights, Employer Liability Issues

See all updates »

Business Litigation E-Note - September 2017

Cyber threats take many forms. The widespread WannaCry ransomware attack in May of 2017 highlighted how computer files could be held hostage in return for payment, while the Dyn denial of service in October of 2016 highlighted…more

Arbitration, Arbitration Agreements, Business Disruption, Business Litigation, Class Action

See all updates »

Banking & Financial Services E-Note - July 2017

What does a recent Georgia Supreme Court case mean for the viability of the state's confirmation statute? Atlanta Partner Erich Durlacher explores answers in this Alert. Please see full E-Note below for more information…more

Bank of New York (BNY) Mellon, Boilerplate Language, Chapter 11, Commercial Bankruptcy, Cyber Threats

See all updates »

Construction E-Note - June 2017

With online retailers challenging brick and mortar stores, the importance of online transactions and the terms of the contracts they create has never been greater. In the context of arbitration, courts are increasingly being…more

Arbitration, Compensatory Time Off, Construction Industry, Consumer Contracts, Cyber Attacks

See all updates »

Banking & Financial Services E-Note - October 2017

After months of wrangling, the U.S. Senate voted to pass substantive and impactful legislation on Tuesday evening regarding the Consumer Finance Protection Bureau. Please see full E-Note for more information…more

ALJ, Arbitration, Arbitration Agreements, Banking Sector, CFPB

See all updates »

Banking & Financial Services E-Note - November 2017

Two Burr attorneys recently led panel discussions at the Annual Conference of the Conference on Consumer Finance Law at its recent event in Ft. Worth, TX, on November 2-3. Nashville Partner Zach Miller led the panel discussing…more

Banking Sector, Consumer Bankruptcy, Consumer Financial Products, FACTA, Innocent Spouse Exception

See all updates »

Reminder of the Impacts of Air Pollution on Public Health

The issue of climate change has become the focus of air emission regulations and prompted deep division in the process. The last Presidential election brought the issue to the fore in the sense that those who are now involved…more

Air Pollution, Climate Change, Environmental Policies, National Emissions Standards, Public Health

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Banking & Financial Services E-Note - September 2015

On September 8, 2015, United States District Judge Marvin H. Shoob declared Georgia’s statutory garnishment process unconstitutional in Strickland v. Alexander. In what is sure to be the first of many county-level responses,…more

Banking Sector, Banks, Chamber of Commerce, Chapter 11, Chapter 7

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Health Care E-Note - October 2017

Health care providers are constantly receiving requests for copies of patient medical records. Some requests come by way of the patient exercising his/her right to access his/her medical records, some come by way of patient…more

Ambulatory Surgery Centers, Certificate of Need, CMS, Data Breach, Disclosure Requirements

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Construction E-Note - June 2017

With online retailers challenging brick and mortar stores, the importance of online transactions and the terms of the contracts they create has never been greater. In the context of arbitration, courts are increasingly being…more

Arbitration, Compensatory Time Off, Construction Industry, Consumer Contracts, Cyber Attacks

See all updates »

Banking & Financial Services E-Note - March 27, 2014

In This Issue: - SEC Considers New Funding Rules for Shadow Banking System - Judge Backs FTC Authority to Pursue Payday Lenders - Regulator Estimates Volcker Rule Could Cost Banks Up to $4.3B - Appeals Court…more

Banks, CFPB, Cyber Attacks, Debit Cards, Debt Collection

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Banking & Financial Services E-Note - June 2017

In an article published by BlockTribune on June 15, 2017, Atlanta Partner Ed Snow provides insight into the use of blockchain technology by financial institutions. Please see full E-Note below for more information…more

Bitcoin, Blockchain, Chapter 11, Class Action, Debt Buyers

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Florida Statute 95.11(3)(C) Has Been Amended to Address the Ruling in Cypress Fairway Condo. V. Bergeron Constr. Co.

In Cypress Fairway Condo. v. Bergeron Constr. Co., 164 So. 3d 706 (Fla. 5th DCA 2015) the 5thDistrict Court of appeals defined “completion of the contract” to mean completion of performance by both sides of the contract, not…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, Florida

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Corporate E-Note - September 2017

Global companies must safeguard confidential, proprietary information and trade secrets—not just from cybercriminals, “hacktivists,” cyberterrorists, and competitors—but from former employees. Too often, terminated or…more

ALJ, Amazon Marketplace, Business Assets, Business Interruption, Constitutional Challenges

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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, Rule 26, Rule 34, SCOTUS

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Banking & Financial Services E-Note - July 2017

What does a recent Georgia Supreme Court case mean for the viability of the state's confirmation statute? Atlanta Partner Erich Durlacher explores answers in this Alert. Please see full E-Note below for more information…more

Bank of New York (BNY) Mellon, Boilerplate Language, Chapter 11, Commercial Bankruptcy, Cyber Threats

See all updates »

In RE ICL Holding Co.: Roadmap For Avoiding The Absolute Priority Rule

In In re ICL Holding Co.,1 the United States Court of Appeals for the Third Circuit a_rmed the bankruptcy court’s approval under 11 U.S.C.A. § 363(b) of the sale of all of the debtors’ assets to the secured lender group and the…more

363 Sales, Absolute Priority Rule, Commercial Bankruptcy, Sale of Assets

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Corporate E-Note - January 2017

The IRS has announced it will begin treating certain syndicated conservation easement transactions and “substantially similar” transactions as “listed transactions.” Notice 2017-20 published on December 23, 2016 (the “Notice”)…more

1099s, Antitrust Provisions, Conservation Easements, Damages, DOJ

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Labor & Employment E-Note - June 2016

The scope of the federal Defend Trade Secrets Act enacted on May 11, 2016 extends well beyond employment issues. However, its impact on an employer's asset protection and enforcement program is quite significant. Please see…more

Asset Seizure, Defend Trade Secrets Act (DTSA), DOL, Employment Contract, Ex Parte

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Punishment Didn’t Fit the Crime: Court Reverses Dismissal of Action and Cancellation of Note and Mortgage

In Deutsche Bank Nat’l Trust Co. v. Adriana Avila-Gonzalez, 2015 WL 2089094 (Fla. 3d DCA May 6, 2015), the Florida Third District Court of Appeal reversed a trial court order that dismissed a foreclosure action with prejudice…more

Appeals, Attorney's Fees, Deutsche Bank, Foreclosure, Mortgage Lenders

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Corporate E-Note - October 2015

By now, everyone has heard of the Department of Labor’s ("DOL's") proposed rule requiring a weekly salary of at least $970.00, or $50,440.00 annually, for employees to be exempt from the Fair Labor Standards Act's ("FLSA's")…more

Chapter 7, Cloud Computing, Commercial Bankruptcy, FTC, International Data Transfers

See all updates »

Labor & Employment E-Note - September 2016

The Department of Homeland Security ("DHS") recently announced a proposal that would allow foreign entrepreneurs to enter the United States to operate high-growth, job-creating startup enterprises. As with other business…more

DHS, Entrepreneurs, Foreign Nationals, Immigrants, Investment

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Banking & Financial Services E-Note - September 2014

In This Issue: - CFPB to Regulate Nonbank Institutions That Fund Auto Loans - DOJ Suggests Banks Turn In Employees to Avoid Criminal Charges - Regulators Requiring Banks to Carry Higher Capital…more

Apple, Automotive Loans, Banks, CFPB, Credit Cards

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D.C. Circuit Holds Structure of CFPB Unconstitutional, Vacates $109 Million Fine Arising out of Mortgage Lender’s “Captive Reinsurance” Practice

On Tuesday the D.C. Circuit Court of Appeals issued what is already being touted as a landmark ruling in PHH Corp. v. Consumer Financial Protection Bureau, No. 15-1177, 2016 WL 5898801 (D.C. Cir. Oct. 11, 2016), holding in a 2-1…more

Administrative Proceedings, Article II, Banking Sector, CFPB, Constitutional Challenges

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Banking & Financial Services E-Note - October 2017

After months of wrangling, the U.S. Senate voted to pass substantive and impactful legislation on Tuesday evening regarding the Consumer Finance Protection Bureau. Please see full E-Note for more information…more

ALJ, Arbitration, Arbitration Agreements, Banking Sector, CFPB

See all updates »

Corporate E-Note - November 2017

In this Alert, Warren Matthews and Lee Thuston share key takeaways from the “State of the Automotive Industry in the U.S.” presentation during the 2017 Southern Automotive Conference. Thuston shared remarks at the conference,…more

Administrative Proceedings, ALJ, Automotive Industry, Commercial Truck Drivers, Constitutional Challenges

See all updates »

Banking & Financial Services E-Note - October 2016

Burr & Forman lawyers won a significant victory in the Eleventh Circuit earlier this month. In the case In re: David A. Failla, the U.S. Court of Appeals for the Eleventh Circuit affirmed that a person who agrees to "surrender"…more

ATDS, Banks, Bond Financing, Consumer Bankruptcy, Debt Collection

See all updates »

Construction E-Note - June 2017

With online retailers challenging brick and mortar stores, the importance of online transactions and the terms of the contracts they create has never been greater. In the context of arbitration, courts are increasingly being…more

Arbitration, Compensatory Time Off, Construction Industry, Consumer Contracts, Cyber Attacks

See all updates »

Labor & Employment E-Note - October 2014

In this Issue: - High Court Considers If Workers Waiting in Line Should Get Paid - Some States Putting Minimum Wage Battle on Ballot - U.S. Labor Department Promoting Paid Maternity Leave - EEOC…more

Amazon, Delivery Drivers, DOL, EEOC, Employee Definition

See all updates »

Labor & Employment E-Note - October 2017

Employers often struggle with the balance between effective employee management and oversight and respect for employee privacy in the workplace. Mobile associate Emily Crow discusses common methods by which employers regulate…more

Confidential Information, Customer Information, Drug & Alcohol Abuse, Employee Privacy Rights, Employer Liability Issues

See all updates »

Corporate E-Note - October 2016

On November 30, 2016, Burr's Women in Business is sponsoring a panel discussion on "Cybersecurity: Are You At Risk?" at Five Rivers Delta Resource Center in Spanish Fort, Alabama. The panelists include Ed Castile, Deputy…more

Beer, Bond Financing, Bonds, Breweries, Business Succession

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Health Care E-Note - September 2017

On June 2, 2017, Anderson, South Carolina-based AnMed Health and the Department of Health and Human Services Office of Inspector General entered into the largest settlement under the Emergency Medical Treatment and Labor Act…more

Certificate of Need, Cybersecurity, Data Breach, Distressed Debt, Emergency Rooms

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Corporate E-Note - March 2017

Burr & Forman recently defended the contract manufacturer XYMOGEN, Inc. in a federal jury trial involving a $16,000,000 lost profits claim by a disgruntled former customer. Please see full E-Note below for more…more

Arbitration, Cybersecurity, Fiduciary Rule, FINRA, IRS

See all updates »

Banking & Financial Services E-Note - September 2016

In an article published in the September / October issue of Commercial Real Estate Investment Magazine, Drew Demers provides guidance on how commercial loans and bank-owned real estate sales have changed due to growth in…more

Beer, Breweries, Business Formation, Business Plans, Commercial Bankruptcy

See all updates »

Court Rejects Vicarious Liability Under Georgia Boating Law

The State Court of Dekalb County, Georgia recently held that companies operating in the boat rental business cannot be held vicariously liable for the negligent acts of their rental customers. Carol Morris v. Yaaqov Avihasira,…more

Boating Accidents, Vicarious Liability

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Labor & Employment E-Note - October 2017

Employers often struggle with the balance between effective employee management and oversight and respect for employee privacy in the workplace. Mobile associate Emily Crow discusses common methods by which employers regulate…more

Confidential Information, Customer Information, Drug & Alcohol Abuse, Employee Privacy Rights, Employer Liability Issues

See all updates »

Labor & Employment E-Note - January 16, 2014

In This Issue: - 13 States Set to Raise Minimum Wage, 11 More Consider Increases - EEOC Reports $372.1M in Monetary Relief for Workplace Bias Claims - N.Y.U. Graduate Assistants Vote to Affiliate with UAW - U.S…more

Amazon, Bias, Birth Control Pill, Contraceptive Coverage Mandate, Contraceptives

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The SEC’s Cyber Unit Files Its First Complaint Against an “Initial Coin Offering”

Implemented in September, the Securities Exchange Commission’s (“SEC”) Cyber Unit has brought its first enforcement action against an “Initial Coin Offering” (“ICO”) called PlexCoin. ICOs, which are listed on digital exchanges,…more

Cybersecurity, Enforcement Actions, Initial Coin Offering (ICOs), Investment Funds, Investor Protection

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Health Care E-Note - January 2017

On October 4, 2016, The Centers for Medicare and Medicaid Services ("CMS") released the final rules regarding the requirements of participation for skilled nursing facilities. One of the most significant changes to the…more

Affordable Care Act, ALJ, Audits, Certificate of Need, CMS

See all updates »

Banking & Financial Services E-Note - November 2017

Two Burr attorneys recently led panel discussions at the Annual Conference of the Conference on Consumer Finance Law at its recent event in Ft. Worth, TX, on November 2-3. Nashville Partner Zach Miller led the panel discussing…more

Banking Sector, Consumer Bankruptcy, Consumer Financial Products, FACTA, Innocent Spouse Exception

See all updates »

Banking & Financial Services E-Note - October 2014

In This Issue: - Obama Issues Order to Improve Data Security - Fed Official Calls for U.S. to Stop Bailing Out Banks - Global Regulators Crack Down on Shadow Banking to Curb Risks - CFPB Reports…more

Apple, Apple Pay, Banking Sector, Banks, Barack Obama

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Current Port Conditions // Central U.S. GOMEX

Burr & Forman’s Mobile, Alabama office is located in the geographic center of the US Gulf of Mexico coastline (GOMEX). We service clients’ needs in the ports in this area, including – from west to east – Gulfport and Pascagoula,…more

Exports, Gulf of Mexico, Hurricane Season, Imports, Ports

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Banking & Financial Services E-Note - January 31, 2014

In This Issue: - DOJ Weighs Action Against Banks Over Payday Lending Business - More Regulatory Scrutiny Causing Banks to Pass on LBOs - Officials to Issue New Rules on Banks Holding Marijuana Funds - Fed…more

ATMs, Banks, CFPB, Commodities, Compliance

See all updates »

West Virginia Legislature Approves Amendments to WVCCPA

The West Virginia Senate Judiciary Committee and the West Virginia Senate recently approved amendments to the West Virginia Consumer Credit and Protection Act (“WVCCPA”), West Virginia Code §§ 46A-1-101 et seq, which was last…more

Attorney Representation Agreements, Consumer Financial Products, Debt Collection, Disclosure Requirements, FDCPA

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Corporate E-Note - November 2017

In this Alert, Warren Matthews and Lee Thuston share key takeaways from the “State of the Automotive Industry in the U.S.” presentation during the 2017 Southern Automotive Conference. Thuston shared remarks at the conference,…more

Administrative Proceedings, ALJ, Automotive Industry, Commercial Truck Drivers, Constitutional Challenges

See all updates »

Banking & Financial Services E-Note - April 2015

In This Issue: - Insuring Against Data Breaches - Plaintiff in Foreclosure Action Snared by Evidence of Damages, Attorneys' Fees & Costs - Dodd-Frank Act Update April 2015 Edition - Bond Financing:…more

Attorney's Fees, Basel Committee, Bond Financing, Community Banks, Cyber Insurance

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Banking & Financial Services E-Note - September 2017

By now, most people that follow financial news are aware that the amount of troubled healthcare related companies are on the rise, which by its very nature, causes more distressed healthcare related debt in the market. Although…more

Banking Sector, Commercial Bankruptcy, Consumer Contracts, Debt Collection, Disclosure Requirements

See all updates »

Corporate E-Note - September 2017

Global companies must safeguard confidential, proprietary information and trade secrets—not just from cybercriminals, “hacktivists,” cyberterrorists, and competitors—but from former employees. Too often, terminated or…more

ALJ, Amazon Marketplace, Business Assets, Business Interruption, Constitutional Challenges

See all updates »

Banking & Financial Services E-Note - November 2017

Two Burr attorneys recently led panel discussions at the Annual Conference of the Conference on Consumer Finance Law at its recent event in Ft. Worth, TX, on November 2-3. Nashville Partner Zach Miller led the panel discussing…more

Banking Sector, Consumer Bankruptcy, Consumer Financial Products, FACTA, Innocent Spouse Exception

See all updates »

Tennessee Health Services and Facilities Report: December 2017

The Tennessee Health Services and Development Agency (“HSDA”) is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need (“CON”) is a permit for the…more

Certificate of Need, Health Care Providers, Healthcare Facilities, Hospitals, Inpatient Rehab Facilities

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Can Attorneys Get Paid for Defending Their Right to Get Paid? Supreme Court Set to Decide in Baker Botts, L.L.P. v. ASARCO, L . L . C .

Currently before the Supreme Court is Baker Botts, L.L.P. v. ASARCO, L.L.C. ,in which the Court will determine whether bankruptcy judges have discretion to award compensation for the defense of a fee application under 11 U.S.C…more

Attorney's Fees, Baker Botts v ASARCO, Bankruptcy Code, Commercial Bankruptcy, Reimbursements

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Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of…more

Bonds, Condominiums, Construction Contracts, Construction Disputes, Construction Liens

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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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Banking & Financial Services E-Note - September 2017

By now, most people that follow financial news are aware that the amount of troubled healthcare related companies are on the rise, which by its very nature, causes more distressed healthcare related debt in the market. Although…more

Banking Sector, Commercial Bankruptcy, Consumer Contracts, Debt Collection, Disclosure Requirements

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Business Litigation E-Note - September 2017

Cyber threats take many forms. The widespread WannaCry ransomware attack in May of 2017 highlighted how computer files could be held hostage in return for payment, while the Dyn denial of service in October of 2016 highlighted…more

Arbitration, Arbitration Agreements, Business Disruption, Business Litigation, Class Action

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Corporate E-Note - January 2017

The IRS has announced it will begin treating certain syndicated conservation easement transactions and “substantially similar” transactions as “listed transactions.” Notice 2017-20 published on December 23, 2016 (the “Notice”)…more

1099s, Antitrust Provisions, Conservation Easements, Damages, DOJ

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FCC Holds Educators and Utilities Making Certain Robo Calls Do Not Violate The TCPA

On August 4, 2016, the FCC released a Declaratory Ruling confirming that schools and utilities making robo calls do not violate the TCPA under certain circumstances. The Ruling, addressed Petitions filed by Blackboard, Inc. and…more

ATDS, Auto-Dialed Calls, Declaratory Judgments, Educational Institutions, Emergency Alerts

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Banking & Financial Services E-Note - March 2017

In an article published in the April 2017 issue of The Journal of Bankruptcy Law, Jonathan Sykes and Correy Karbiener provide insight on whether § 546(e) of the Bankruptcy Code protects transfers made to repay commercial…more

Banking Sector, Bankruptcy Code, CMBS, Commercial Bankruptcy, Cybersecurity

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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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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, FINRA, Proposed Amendments, SEC

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Corporate E-Note - September 2017

Global companies must safeguard confidential, proprietary information and trade secrets—not just from cybercriminals, “hacktivists,” cyberterrorists, and competitors—but from former employees. Too often, terminated or…more

ALJ, Amazon Marketplace, Business Assets, Business Interruption, Constitutional Challenges

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Wisconsin District Court Extends Stay in TCPA Case Pending Judicial Review of FCC Order

In Gensel v. Performant Technologies, Inc., No. 13-C-1196, 2015 WL 6158072, (E.D. Wisc. Oct. 20, 2015), the U.S. District Court for the Eastern District of Wisconsin granted Performant Technologies, Inc.’s (“Performant”) motion…more

Cell Phones, Debt Collection, Debt Collectors, Declaratory Rulings, FCC

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Corporate E-Note - March 2017

Burr & Forman recently defended the contract manufacturer XYMOGEN, Inc. in a federal jury trial involving a $16,000,000 lost profits claim by a disgruntled former customer. Please see full E-Note below for more…more

Arbitration, Cybersecurity, Fiduciary Rule, FINRA, IRS

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Corporate E-Note - January 2017

The IRS has announced it will begin treating certain syndicated conservation easement transactions and “substantially similar” transactions as “listed transactions.” Notice 2017-20 published on December 23, 2016 (the “Notice”)…more

1099s, Antitrust Provisions, Conservation Easements, Damages, DOJ

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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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Corporate E-Note - November 2017

In this Alert, Warren Matthews and Lee Thuston share key takeaways from the “State of the Automotive Industry in the U.S.” presentation during the 2017 Southern Automotive Conference. Thuston shared remarks at the conference,…more

Administrative Proceedings, ALJ, Automotive Industry, Commercial Truck Drivers, Constitutional Challenges

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Corporate E-Note - March 2017

Burr & Forman recently defended the contract manufacturer XYMOGEN, Inc. in a federal jury trial involving a $16,000,000 lost profits claim by a disgruntled former customer. Please see full E-Note below for more…more

Arbitration, Cybersecurity, Fiduciary Rule, FINRA, IRS

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Health Care E-Note - February 2015

In This Issue: - HIPAA Privacy During Emergency Situations - Probationary Medicaid RCOs – How Do Physicians Respond Without Subjecting Themselves to Potential Criminal And Civil Liability? - Big Data…more

Anthem Blue Cross, Big Data, Ebola, EHR, Email

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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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Labor & Employment E-Note - October 2017

Employers often struggle with the balance between effective employee management and oversight and respect for employee privacy in the workplace. Mobile associate Emily Crow discusses common methods by which employers regulate…more

Confidential Information, Customer Information, Drug & Alcohol Abuse, Employee Privacy Rights, Employer Liability Issues

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Labor & Employment E-Note - March 2017

If your employees use business vehicles or personal vehicles for work, you should take heed of Great American Alliance Ins. Co. v.Anderson, 2017 U.S. App. LEXIS 2277 (11th Cir. Feb. 8, 2017), involving approximately $1 million…more

Best Practices, Company Vehicles, Criminal Background Checks, Employer Liability Issues, Foreign Workers

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Banking & Financial Services E -Note - March 2015

In This issue: - 6 Things You Need to Know Before Filing Chapter 11 Bankruptcy - Don’t Get Left in the Dark: Pre-eviction Noticing Requirements Following Sunset on the Protecting Tenants at Foreclosure Act -…more

Banks, CFPB, Chapter 11, Commercial Bankruptcy, Consumer Financial Contracts

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Banking & Financial Services E-Note - November 2017

Two Burr attorneys recently led panel discussions at the Annual Conference of the Conference on Consumer Finance Law at its recent event in Ft. Worth, TX, on November 2-3. Nashville Partner Zach Miller led the panel discussing…more

Banking Sector, Consumer Bankruptcy, Consumer Financial Products, FACTA, Innocent Spouse Exception

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Banking & Financial Services E-Note - February 2016

Cases decided recently in Florida and Illinois call into question one legal rule that some might have thought well-settled: a firstperfected security interest in collateral beats a later-perfected lien creditor's interest in…more

Banking Sector, Bankruptcy Court, DOJ, DOL, Foreclosure

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Banking & Financial Services E-Note - September 2015

On September 8, 2015, United States District Judge Marvin H. Shoob declared Georgia’s statutory garnishment process unconstitutional in Strickland v. Alexander. In what is sure to be the first of many county-level responses,…more

Banking Sector, Banks, Chamber of Commerce, Chapter 11, Chapter 7

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Dealing With NIMBYs in Local Land Use and Environmental Approval

A developer or property owner may have a permit application for a project that meets the criteria for the applicable regulations, and might receive approval from local government or environmental staff. At that point, the…more

Environmental Policies, Land Developers, Land-Use Permits, Popular, Property Owners

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Labor & Employment E-Note - September 2017

In late 2017 or early 2018, employers should anticipate clarity from the U.S. Supreme Court as to whether arbitration agreements requiring workers to waive their right to file class or collective actions violates the National…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

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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, HIPAA, HIPAA Audits

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Health Care E-Note - October 2016

Last year President Obama signed into law the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”). MACRA implemented significant changes in how Medicare reimburses doctors. In this article for the Birmingham Medical…more

Affordable Care Act, Certificate of Need, Discrimination, DOL, FLSA

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Corporate E-Note - November 2017

In this Alert, Warren Matthews and Lee Thuston share key takeaways from the “State of the Automotive Industry in the U.S.” presentation during the 2017 Southern Automotive Conference. Thuston shared remarks at the conference,…more

Administrative Proceedings, ALJ, Automotive Industry, Commercial Truck Drivers, Constitutional Challenges

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Dodd-Frank News: April 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance…more

American Bankers Association, Anti-Retaliation Provisions, Arbitration, Arbitration Agreements, Asset Protection

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Banking & Financial Services E-Note - September 30, 2013

In This Issue: - NCUA Drafts Rule Subjecting Big Credit Unions to Stress Tests Report Finds FDIC Has Filed as Least 32 D&O Lawsuits This Year - CFPB Cracks Down on "Furnishers" Giving Credit Report Information -…more

CFPB, Credit Reports, Credit Unions, D&O Insurance, Debt Collection

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Banking & Financial Services E-Note - January 2016

In Deutsche Bank Nat’l Trust Co. v. Estrella Perez, et al., No. 3D15-58, 2015 WL 8347002 (Fla. 3d DCA Dec. 9, 2015), Florida’s Third District Court of Appeal held that the trial court erred in dismissing a foreclosure case on…more

Banking Sector, Bankruptcy Code, Deutsche Bank, Dodd-Frank, FDCPA

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Ninth Circuit: Redefining the Reach of Spokeo, and “Effective Consent” under the TCPA

The Ninth Circuit Court of Appeals recently held that, for purposes of the Telephone Consumer Protection Act of 1991 (TCPA), the scope of a consumer’s consent depends on the transactional context in which it is given. Van Patten…more

Article III, Gym Memberships, Injury-in-Fact, Invasion of Privacy, Prior Express Consent

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Construction E-Note - December 2015

In an article published in the November 2015 issue of North American Builders, Jason Nimmer provides insight on what it takes to successfully deliver manufacturing-related construction jobs in today’s fast-paced building market…more

Construction Defects, Construction Industry, Drones, Federal Contractors, Manufacturers

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Banking & Financial Services E-Note - June 2017

In an article published by BlockTribune on June 15, 2017, Atlanta Partner Ed Snow provides insight into the use of blockchain technology by financial institutions. Please see full E-Note below for more information…more

Bitcoin, Blockchain, Chapter 11, Class Action, Debt Buyers

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Florida's Fourth DCA Confirms that a Borrower is in the Best Position to Know Their Own Financial Information

The Fourth District Court of Appeal recently affirmed its prior decision in Vidal v. Liquidation Properties, Inc., 104 So. 3d 1274 (4th DCA 2013). Wells Fargo Bank, N.A. v. Hilary A. Williamson, Case No. 4D15-285, 2016 WL…more

Appeals, Applications, Banking Sector, Banks, Borrowers

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Banking & Financial Services E-Note - October 2017

After months of wrangling, the U.S. Senate voted to pass substantive and impactful legislation on Tuesday evening regarding the Consumer Finance Protection Bureau. Please see full E-Note for more information…more

ALJ, Arbitration, Arbitration Agreements, Banking Sector, CFPB

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Banking & Financial Services E-Note - April 2017

In an article published in the Winter/Spring 2017 issue of Thomson Reuter’s Real Estate Finance Journal, Samantha Alves Orender provides guidance on how debtors who misuse collateral may be at risk of losing the benefit of…more

Commercial Bankruptcy, Consumer Bankruptcy, Dischargeable Debts, FCCPA, FDCPA

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Health Care E-Note - June 19, 2014

In This Issue: - Report Ranks U.S. Last Out of 11 in Health Care System Quality - Analysis Identifies Un-Tracked Avoidable Hospital Complications - Number of Doctors Employed by Hospitals Grew 34% Over 10 Years -…more

Background Checks, Healthcare, Healthcare Costs, Healthcare Facilities, Healthcare Reform

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Burr Alert: Part III: White Collar Courier: Delivering News and Providing Guidance in White Collar Matters

In part one of this series, I detailed how the U.S. Department of Justice has focused its attention on the aggressive investigation and prosecution of “pill mill” cases. See “Part One: DOJ Devotes Resources, Vows to Come After…more

Controlled Substances, Corruption, Criminal Prosecution, DOJ, Opioid

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Banking & Financial Services E-Note - October 2016

Burr & Forman lawyers won a significant victory in the Eleventh Circuit earlier this month. In the case In re: David A. Failla, the U.S. Court of Appeals for the Eleventh Circuit affirmed that a person who agrees to "surrender"…more

ATDS, Banks, Bond Financing, Consumer Bankruptcy, Debt Collection

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Tennessee Urges EPA to Adopt the "Tennessee Plan" to Define WOTUS

The commissioners of the Tennessee Department of Environment and Conservation (TDEC) and the Tennessee Department of Agriculture (TDA) recently responded to EPA Administrator Scott Pruitt’s request to States for comments…more

Clean Water Act, EPA, Executive Orders, Trump Administration, US Army Corps of Engineers

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SEC About-Face, About Time, on ALJs

On November 29, the SEC did an about-face and admitted its ALJs are “inferior officers” (not merely employees) subject to the Constitution’s Article II appointment provisions. The Solicitor General’s brief on behalf of the…more

ALJ, Article II, Constitutional Challenges, Corporate Counsel, DOJ

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Labor & Employment E-Note - April 2017

Attention employers! What’s your LGBTQ IQ? Nashville Partner Stephen Price invites you to reassess your workplace policies in this article for the Association of Corporate Counsel. Please see full E-Note below for…more

Civil Rights Act, Discrimination, Employee Rights, Employer Liability Issues, Employment Litigation

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Banking & Financial Services E-Note - October 2014

In This Issue: - Obama Issues Order to Improve Data Security - Fed Official Calls for U.S. to Stop Bailing Out Banks - Global Regulators Crack Down on Shadow Banking to Curb Risks - CFPB Reports…more

Apple, Apple Pay, Banking Sector, Banks, Barack Obama

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Labor & Employment E-Note - December 2015

Howard Bogard, Chair of Burr's Health Care Practice Group, outlines his top ten 2015 health care developments for Alabama providers in his annual "Health Care Year In Review” article for the Birmingham Medical News. Please…more

ADA, Affordable Care Act, Collective Actions, DOL, FLSA

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Corporate E-Note - November 2017

In this Alert, Warren Matthews and Lee Thuston share key takeaways from the “State of the Automotive Industry in the U.S.” presentation during the 2017 Southern Automotive Conference. Thuston shared remarks at the conference,…more

Administrative Proceedings, ALJ, Automotive Industry, Commercial Truck Drivers, Constitutional Challenges

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Banking & Financial Services E-Note - August 2017

In an article published on August 17, 2017 by Law360, Burr’s Larry Litow and Kapila Mukamal’s Barry Mukamal discuss their recent involvement in a case involving a South Florida beachfront condominium hotel that successfully…more

Consumer Bankruptcy, Financial Services Industry, Foreclosure, Mortgages, Property Surrender

See all updates »

Banking & Financial Services E-Note - April 2017

In an article published in the Winter/Spring 2017 issue of Thomson Reuter’s Real Estate Finance Journal, Samantha Alves Orender provides guidance on how debtors who misuse collateral may be at risk of losing the benefit of…more

Commercial Bankruptcy, Consumer Bankruptcy, Dischargeable Debts, FCCPA, FDCPA

See all updates »

Corporate E-Note - November 2017

In this Alert, Warren Matthews and Lee Thuston share key takeaways from the “State of the Automotive Industry in the U.S.” presentation during the 2017 Southern Automotive Conference. Thuston shared remarks at the conference,…more

Administrative Proceedings, ALJ, Automotive Industry, Commercial Truck Drivers, Constitutional Challenges

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Banking & Financial Services E-Note - December 19, 2013

In This Issue: - Several Swiss Regional Banks to Cooperate with U.S. Tax Rules - Volcker Rule Approved by Federal Regulators - Treasury Secretary Sets Goal of Foreign Bank Reform in 2014 - Largest Mortgage…more

Banks, CFPB, Compliance, Cyber Attacks, Cybersecurity

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Construction E-Note - September 2015

Florida's Department of Business and Professional Regulation requires and issues licenses for entities and individuals to qualify to construct improvements to real property in Florida. Generally speaking, an out-of-state…more

Best Practices, Construction Contracts, Construction Industry, DOL, Employment Discrimination

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Banking & Financial Services E-Note - October 2017

After months of wrangling, the U.S. Senate voted to pass substantive and impactful legislation on Tuesday evening regarding the Consumer Finance Protection Bureau. Please see full E-Note for more information…more

ALJ, Arbitration, Arbitration Agreements, Banking Sector, CFPB

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Obama Administration Suffers Environmental Setback

On February 9, 2016, the United States Supreme Court dealt the Obama administration a setback when it temporarily blocked the Obama administration’s efforts to regulate emissions from coal-fired power plants in its attempt to…more

Carbon Emissions, Clean Power Plan, Coal-Fired Generation, Energy Sector, EPA

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Labor & Employment E-Note - November 2017

It seems that almost every day, another high-profile executive, politician or celebrity has now been accused of scandalous sexual harassment directed at subordinate employees. This topic not only increases news ratings, its real…more

DACA, Employer Liability Issues, H-1B, Hiring & Firing, ICE

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Construction E-Note - December 19, 2013

In this Issue: - Alabama's New Sales Tax Exemption Procedure for Contractors and Subcontractors Beginning On January 1, 2014 - OSHA Combustible Dust Standard on the Horizon – What Every Industry Should Know - It's…more

Contractors, EPA, Greenhouse Gas Emissions, Liens, OSHA

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Corporate E-Note - July 2017

Cyber threats take many forms. The widespread WannaCry ransomware attack in May of 2017 highlighted how computer files could be held hostage in return for payment, while the Dyn denial of service in October of 2016 highlighted…more

Amazon Marketplace, Beer, Chain of Distribution, Cyber Attacks, Cybersecurity

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Labor & Employment E-Note - June 2017

Given the prevalence of social media in our online culture, employers are forced to navigate the ever changing landscape of issues presented by the social media usage of their employees. Please see full E-Note below for more…more

Employment Policies, NLRA, NLRB, Paid Leave, Paid Time Off (PTO)

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Corporate E-Note - July 2017

Cyber threats take many forms. The widespread WannaCry ransomware attack in May of 2017 highlighted how computer files could be held hostage in return for payment, while the Dyn denial of service in October of 2016 highlighted…more

Amazon Marketplace, Beer, Chain of Distribution, Cyber Attacks, Cybersecurity

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Business Litigation E-Note - September 2017

Cyber threats take many forms. The widespread WannaCry ransomware attack in May of 2017 highlighted how computer files could be held hostage in return for payment, while the Dyn denial of service in October of 2016 highlighted…more

Arbitration, Arbitration Agreements, Business Disruption, Business Litigation, Class Action

See all updates »

Office of Civil Rights Issues Guidance on HIPAA in Light of Opioid Crisis

With an increased focus on opioid use and addiction, the Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) has issued guidance related to the Health Insurance Portability and Accountability Act of…more

Disclosure Requirements, Drug & Alcohol Abuse, Health Care Providers, HHS, HIPAA

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Banking & Financial Services E-Note - September 2017

By now, most people that follow financial news are aware that the amount of troubled healthcare related companies are on the rise, which by its very nature, causes more distressed healthcare related debt in the market. Although…more

Banking Sector, Commercial Bankruptcy, Consumer Contracts, Debt Collection, Disclosure Requirements

See all updates »

Second District Court of Appeal Declines to Apply Statute of Limitations to Bar Subsequent Foreclosure Actions Premised on Original Default and “All Subsequent Payments”

Following the Florida Supreme Court’s recent decision in Bartram v. U.S. Bank, N.A., 41 Fla. L. Weekly S493, 2016 WL 6538647 (Fla. Nov. 3, 2016), courts were left to interpret how Bartram would affect lenders’ reliance on breach…more

Appeals, Bank of New York (BNY) Mellon, Banking Sector, Dismissals, FL Supreme Court

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Banking & Financial Services E - Note - May 2014

In This Issue: - Fed Regulator Calls for End of Banks' Self-Grading of Risk - Regulator Won't Act on Loan Limits for Fannie Mae and Freddie Mac - Community Bankers Support Tiered Banking Regulatory System - Banks…more

Banks, Community Banks, Cybersecurity, Data Protection, Fannie Mae

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Health Care E-Note - August 2016

The Alabama Natural Death Act contains the provisions on how an individual may plan for end-of-life decisions. Specifically, it outlines the requirements for a valid Advanced Directive and the removal and withdrawal of life…more

ADA, Advance Directives, American Medical Association, Certificate of Need, Cybersecurity

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Banking & Financial Services E-Note - November 2017

Two Burr attorneys recently led panel discussions at the Annual Conference of the Conference on Consumer Finance Law at its recent event in Ft. Worth, TX, on November 2-3. Nashville Partner Zach Miller led the panel discussing…more

Banking Sector, Consumer Bankruptcy, Consumer Financial Products, FACTA, Innocent Spouse Exception

See all updates »

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 Site Assessment, EPA

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Banking & Financial Services E-Note - December 19, 2013

In This Issue: - Several Swiss Regional Banks to Cooperate with U.S. Tax Rules - Volcker Rule Approved by Federal Regulators - Treasury Secretary Sets Goal of Foreign Bank Reform in 2014 - Largest Mortgage…more

Banks, CFPB, Compliance, Cyber Attacks, Cybersecurity

See all updates »

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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Banking & Financial Services E-Note - October 2016

Burr & Forman lawyers won a significant victory in the Eleventh Circuit earlier this month. In the case In re: David A. Failla, the U.S. Court of Appeals for the Eleventh Circuit affirmed that a person who agrees to "surrender"…more

ATDS, Banks, Bond Financing, Consumer Bankruptcy, Debt Collection

See all updates »

Health Care E-Note - June 2016

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

Certificate of Need, Controlled Substances, Cyber Attacks, Cybersecurity, Data Breach

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Federal Court Denies Class Certification in TCPA Suit Against Auto-Lender Exeter Finance

In Billy Ginwright v. Exeter Finance Corp., No. 8:16-cv-565-TDC, ECF No. 107, 2017 U.S. Dist. LEXIS 194739, 2017 WL 5716756 (D. Md. Nov. 28, 2017), a federal district court recently denied Plaintiff’s motion to certify a class…more

Cell Phones, Class Action, Class Certification, Commonality, FRCP 23(b)(3)

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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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Corporate E-Note - January 2017

The IRS has announced it will begin treating certain syndicated conservation easement transactions and “substantially similar” transactions as “listed transactions.” Notice 2017-20 published on December 23, 2016 (the “Notice”)…more

1099s, Antitrust Provisions, Conservation Easements, Damages, DOJ

See all updates »

Banking & Financial Services E-Note - August 2017

In an article published on August 17, 2017 by Law360, Burr’s Larry Litow and Kapila Mukamal’s Barry Mukamal discuss their recent involvement in a case involving a South Florida beachfront condominium hotel that successfully…more

Consumer Bankruptcy, Financial Services Industry, Foreclosure, Mortgages, Property Surrender

See all updates »

Banking & Financial Services E-Note - October 2017

After months of wrangling, the U.S. Senate voted to pass substantive and impactful legislation on Tuesday evening regarding the Consumer Finance Protection Bureau. Please see full E-Note for more information…more

ALJ, Arbitration, Arbitration Agreements, Banking Sector, CFPB

See all updates »

Tennessee Health Services and Facilities Report: December 2017

The Tennessee Health Services and Development Agency (“HSDA”) is responsible for regulating the health care industry in Tennessee through the Certificate of Need Program. A Certificate of Need (“CON”) is a permit for the…more

Certificate of Need, Health Care Providers, Healthcare Facilities, Hospitals, Inpatient Rehab Facilities

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Corporate E-Note - November 2017

In this Alert, Warren Matthews and Lee Thuston share key takeaways from the “State of the Automotive Industry in the U.S.” presentation during the 2017 Southern Automotive Conference. Thuston shared remarks at the conference,…more

Administrative Proceedings, ALJ, Automotive Industry, Commercial Truck Drivers, Constitutional Challenges

See all updates »

Banking & Financial Services E-Note - October 2016

Burr & Forman lawyers won a significant victory in the Eleventh Circuit earlier this month. In the case In re: David A. Failla, the U.S. Court of Appeals for the Eleventh Circuit affirmed that a person who agrees to "surrender"…more

ATDS, Banks, Bond Financing, Consumer Bankruptcy, Debt Collection

See all updates »

Fourth Circuit Holds that Federal Courts Have Concurrent Jurisdiction with Surface Transportation Board over ICCTA Claims

On November 16, 2017, the United States Court of Appeals for the Fourth Circuit joined the First, Fifth and Sixth Circuits in ruling that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be…more

Appeals, Embargo, Exclusive Jurisdiction, ICCTA, Railroads

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Health Care E-Note - November 2017

Health care law and policy occupy a prime place in the current news cycle. Much of the attention revolves around the actions or inactions of Congress and the White House, particularly with regard to their impact on the future…more

Affordable Care Act, Appeals, Certificate of Need, CMS, Cybersecurity

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Banking & Financial Services E - Note - May 30, 2013

In This Issue: - New Suits Filed as Credit Card Swipe Fee Settlement Deadline Looms - Sec. Lew Tells Senate Committee of Plans to Accelerate Dodd-Frank - New Mortgage Rule to Block Access to Credit, Witnesses Warn…more

Background Checks, CFPB, Credit Cards, Credit Unions, Dodd-Frank

See all updates »

Banking & Financial Services E-Note - September 2017

By now, most people that follow financial news are aware that the amount of troubled healthcare related companies are on the rise, which by its very nature, causes more distressed healthcare related debt in the market. Although…more

Banking Sector, Commercial Bankruptcy, Consumer Contracts, Debt Collection, Disclosure Requirements

See all updates »

Corporate E-Note - November 2017

In this Alert, Warren Matthews and Lee Thuston share key takeaways from the “State of the Automotive Industry in the U.S.” presentation during the 2017 Southern Automotive Conference. Thuston shared remarks at the conference,…more

Administrative Proceedings, ALJ, Automotive Industry, Commercial Truck Drivers, Constitutional Challenges

See all updates »

Health Care E-Note - October 2015

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. By starting early, eligible health care…more

FTC, Healthcare, International Data Transfers, Meaningful Use, Non-Compete Agreements

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Construction E-Note - September 2017

In an article published in the September/ October 2017 edition of the Associated Builders and Contractors’ Building Central Florida magazine, Peter Vilmos discusses the nation’s current infrastructure since President Trump’s…more

Construction Industry, Cyber Threats, Data Breach, Florida, Force Majeure Clause

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Business Litigation E-Note - September 2017

Cyber threats take many forms. The widespread WannaCry ransomware attack in May of 2017 highlighted how computer files could be held hostage in return for payment, while the Dyn denial of service in October of 2016 highlighted…more

Arbitration, Arbitration Agreements, Business Disruption, Business Litigation, Class Action

See all updates »

Supreme Court Reverses Eleventh Circuit: Debt Collectors Can File Proofs of Claim On Stale Debt Without Violating FDCPA

In a 5-3 decision written by Justice Stephen G. Breyer last week, the Supreme Court of the United States ruled that the Eleventh Circuit erred when it found that Midland Funding, one of the nation’s largest purchasers of unpaid…more

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

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Corporate E-Note - September 2017

Global companies must safeguard confidential, proprietary information and trade secrets—not just from cybercriminals, “hacktivists,” cyberterrorists, and competitors—but from former employees. Too often, terminated or…more

ALJ, Amazon Marketplace, Business Assets, Business Interruption, Constitutional Challenges

See all updates »

Health Care E-Note - September 2017

On June 2, 2017, Anderson, South Carolina-based AnMed Health and the Department of Health and Human Services Office of Inspector General entered into the largest settlement under the Emergency Medical Treatment and Labor Act…more

Certificate of Need, Cybersecurity, Data Breach, Distressed Debt, Emergency Rooms

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Corporate E-Note - October 2016

On November 30, 2016, Burr's Women in Business is sponsoring a panel discussion on "Cybersecurity: Are You At Risk?" at Five Rivers Delta Resource Center in Spanish Fort, Alabama. The panelists include Ed Castile, Deputy…more

Beer, Bond Financing, Bonds, Breweries, Business Succession

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Massachusetts District Court Finds VoIP Service is Not Cellular Service Per Se Under the TCPA

In Breda v. Cellco Partnership, No. 16-11512-DJC, 2017 WL 5586661 (D. Ma. Nov. 17, 2017), the plaintiff, Robin Breda (“Plaintiff”) claimed Cellco Partnership (“Cellco”) violated § 227(b)(1) of the Telephone Consumer Protection…more

ATDS, Cell Phones, Robocalling, Summary Judgment, TCPA

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Banking & Financial Services E-Note - October 30, 2013

In This Issue: - Fed Proposes Rule Requiring Banks to Stay Liquid During Crisis - Simulation Tests Banks' Survival Against Cyber Attacks - Largest Banks Close to Meeting Mortgage Settlement Obligations - Number…more

Banking Crisis, Banks, Car Dealerships, CFPB, Consumer Complaint System

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Massachusetts District Court Finds VoIP Service is Not Cellular Service Per Se Under the TCPA

In Breda v. Cellco Partnership, No. 16-11512-DJC, 2017 WL 5586661 (D. Ma. Nov. 17, 2017), the plaintiff, Robin Breda (“Plaintiff”) claimed Cellco Partnership (“Cellco”) violated § 227(b)(1) of the Telephone Consumer Protection…more

ATDS, Cell Phones, Robocalling, Summary Judgment, TCPA

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Corporate & Tax E-Note - March 27, 2014

In This Issue: - High Court Considers Whether Corporations Can Lie to Investors - Nasdaq Enters Pre-IPO Market with Private Exchange - Many Early-Stage Start-Ups Still Struggle to Get Funding - Venture…more

Fiduciary Duty, IPO, Lying, Nasdaq, Small Business

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Labor & Employment E-Note - September 2017

In late 2017 or early 2018, employers should anticipate clarity from the U.S. Supreme Court as to whether arbitration agreements requiring workers to waive their right to file class or collective actions violates the National…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions

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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, HIPAA, HIPAA Audits

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Construction E-Note - September 2017

In an article published in the September/ October 2017 edition of the Associated Builders and Contractors’ Building Central Florida magazine, Peter Vilmos discusses the nation’s current infrastructure since President Trump’s…more

Construction Industry, Cyber Threats, Data Breach, Florida, Force Majeure Clause

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Health Care E-Note - August 2016

The Alabama Natural Death Act contains the provisions on how an individual may plan for end-of-life decisions. Specifically, it outlines the requirements for a valid Advanced Directive and the removal and withdrawal of life…more

ADA, Advance Directives, American Medical Association, Certificate of Need, Cybersecurity

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Physicians Maintain High Standards

By the time this article goes to print, a lot could change, so there’s no apparent use in guessing what will come of the next Repeal and Replace efforts or what’s happening at Main Justice. Nobody knows. The only certainties…more

DOJ, False Claims Act (FCA), Health Care Providers, Health Insurance, Healthcare Fraud

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Labor & Employment E-Note - February 14, 2014

In This Issue: - High Court Rules Steel Workers Need Not be Paid for Changing Clothes - NLRB Proposes Rules to Streamline Unionization Voting Process - Obama Administration Delays Another Health Insurance…more

Affordable Care Act, Employer Mandates, FLSA, Healthcare, NLRA

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Banking & Financial Services E-Note: August 29, 2013

In This Issue: - World Leaders to Crack Down on Shadow Banking Industry - Obama Urges Lawmakers to Get Busy Finishing Dodd-Frank Rules - CFPB, RICO Pressure Big Banks to Rein in Credit Card Debt - States Taking…more

Barack Obama, CFPB, Credit Cards, Debt, Dodd-Frank

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Third DCA Rejects 57.105 Attorney’s Fees Where Plaintiff Failed to Prove Standing

On March 1st, Florida’s Third District Court of Appeal affirmatively held that a mortgage holder who fails to prove its standing to foreclose is not liable to a defendant borrower for prevailing party attorney’s fees. The…more

Appeals, Article III, Attorney's Fees, Bank of New York (BNY) Mellon, Banking Sector

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