Author Info for Adams & Reese

Charles Adams Jr.

White House Announces Another Round of Sweeping Regulatory Adjustments to Cuban Sanctions

Although Congress has remained cautious of taking any action to ease the American-imposed embargo on the majority of business interactions with Cuba, President Obama’s administration continues to push forward with the…more

Cuba, Embargo, Joint Venture, Obama Administration, U.S. Commerce Department

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Cannon Allen Sr.

Tennessee Supreme Court Rules Economic Loss Doctrine Only Applies to Products Liability Cases; Reverses Appeals Court’s Expansion

The Tennessee Supreme Court recently issued an important decision making clear that in a breach of contract dispute, the aggrieved party may recover more in damages than the parties’ contract permits, such as punitive,…more

Appeals, Breach of Contract, Consequential Damages, Damages, Economic Loss Doctrine

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Paul Alp

A Piece of the MOSAIC: Simplified Flight Controls for Light Sport Aircraft and Beyond

It’s the stuff of science fiction: walk out to your airplane, strap in, and, instead of a control wheel and assortment of dials and levers, you are presented with a slender device resembling an iPad. Touch “takeoff” on the…more

Aircraft, Automation Systems, Aviation Industry, Certification Requirements, Federal Aviation Administration (FAA)

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Timothy Anzenberger

"The § 1111(b) Election: Overview, Considerations and Unique Issues in Subchapter V"

Under § 506(a)(1) of the Bankruptcy Code, a secured creditor’s claim is secured only to the extent of the collateral’s value. Any amount over that value is bifurcated into a separate unsecured claim. Critically, if a…more

Bankruptcy Code, Commercial Bankruptcy, Consumer Bankruptcy, Creditors, Debtors

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William Atkinson

Hurricane Ian: Disaster Recovery Checklist for Utilities

In the aftermath of Hurricane Ian, utilities and telecommunications companies in Florida and other states in its path will be beginning the disaster recovery process. This checklist is not intended to be an all-inclusive list,…more

FCC, FEMA, Filing Deadlines, Hurricane Season, National Historic Preservation Act

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Lauren Baio

Commercial Lenders: Are You Getting Ready for the CFPB?

On March 30, 2023, the Consumer Financial Protection Bureau (“CFPB”) (finally) issued its Final Rule on Section 1071 — only one day ahead of the court-ordered deadline to do so. This means that covered financial institutions…more

Community Reinvestment Act, Consumer Financial Protection Bureau (CFPB), Cyber Security Incident Response Team (CSIRT), Data Management, Dodd-Frank

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Benjamin Bard

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement…more

Appeals, Confidentiality Agreements, Employee Rights, Employment Contract, NLRB

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Jordan Barley

Document Organization is Critical for Corporations and LLCs

The 30th U.S. President Calvin Coolidge, when he was not being “Silent Cal,” once said “the only difference between a mob and a trained army is organization.” The former President’s quote of the criticality of organization…more

Articles of Incorporation, Bylaws, Documentation, Limited Liability Company (LLC), Operating Agreements

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Michael Berson

Hurricane Helene Federal Disaster Recovery Funding

Almost exactly two years to the day from when Hurricane Ian (Category 4) struck Florida’s western coast near Cayo Costa, Florida, on Sept. 26, 2024, Hurricane Helene, also a catastrophic Category 4 storm with winds topping 140…more

Business Interruption, Department of Health and Human Services (HHS), Department of Justice (DOJ), Department of Labor (DOL), Department of Transportation (DOT)

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Rob Breunig

As U.S. Warehouse Occupancy Hits All-Time Highs, What are the Top Legal Considerations in Contracts?

Warehouse occupancy across the United States hit an all-time high of 96.7% in 2022, and is projected to hit 96% by the end of 2023, according to the research department of Prologis, Inc., a San Francisco-based real estate…more

E-Commerce, Indemnification, Insurance Industry, Liability, Liens

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Robert Bethea Jr.

What are the Potential Catalysts for M&A Resurgence in 2024?

After a sluggish 2023 in which global merger and acquisition activity fell almost 20% to $2.87 trillion – the lowest level since 2013 – the question in the corporate world, is: ‘Will M&A roar back in 2024?’…more

Acquisitions, Artificial Intelligence, Cybersecurity, Economic Development, FinTech

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Kenneth Bingham

[Webinar] 2024 Election Recap: Breaking Down the Results - November 21st, 11:30 am - 12:30 pm CST

The Adams and Reese Government Relations team is poised and ready to bring an insider perspective to the results and policy priorities stemming from the 2024 United States Presidential Election…more

Economic Development, Election Results, Foreign Relations, Legislative Agendas, Presidential Elections

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Alexander Bondurant

The Exhaustion of Administrative Remedies Defense Takes Another Hit

The Supreme Court of Mississippi recently held in Tiger Production Company, LLC v. Pace, 2021-IA-00315-SCT, 2022 WL 11555295 (October 20, 2022) that surface owners are not necessarily required to exhaust administrative remedies…more

Administrative Remedies, Compensatory Damages, MS Supreme Court, Negligence, Nuisance

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C. Britton Bonner

[Webinar] 2024 Election Recap: Breaking Down the Results - November 21st, 11:30 am - 12:30 pm CST

The Adams and Reese Government Relations team is poised and ready to bring an insider perspective to the results and policy priorities stemming from the 2024 United States Presidential Election…more

Economic Development, Election Results, Foreign Relations, Legislative Agendas, Presidential Elections

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Coleman Braun

No Safe Harbor for Inaccurate Adverse Action Notices Based Upon Undisclosed Use of AI and Complex Credit Models

The Consumer Financial Protection Bureau (CFPB) issued a circular on September 19, 2023, addressing its concerns about a creditor’s use of artificial intelligence or complex credit models to review and make decisions concerning…more

Artificial Intelligence, Consumer Financial Protection Bureau (CFPB), ECOA, Safe Harbors

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Taylor Brett

Warning! Clear Labels Lead to Better Defense Protection for Manufacturers, Says Louisiana Supreme Court

A recent Louisiana Supreme Court decision confirmed that clear and express warning labels are a powerful defense for manufacturers against product liability claims under the Louisiana Products Liability Act (LPLA), especially…more

Appeals, Causation, Defense Strategies, Failure To Warn, Litigation Strategies

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Benjamin Briggs

[Webinar] Wage and Hour: Potential Pitfalls - April 19th, 12:00 pm - 1:00 pm CDT

Adams and Reese will host a webinar, “Wage and Hour: Potential Pitfalls,” taking place on Wednesday, April 19, from Noon to 1 p.m. central time, via ON24 Webcast. Please join us for a one-hour CLE on common wage and hour…more

Continuing Legal Education, Exempt-Employees, Independent Contractors, Misclassification, Non-Exempt Employees

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Timothy Brinks

Not So Fast – Federal Judge Strikes Down FTC Noncompete Ban, Status Quo for Now

The FTC’s highly publicized nationwide ban on noncompetes is on hold. The federal rule, which was originally scheduled to go into effect on Sept. 4, was struck down yesterday by a federal court in Texas. The court’s ruling…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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B. Jeffrey Brooks

Tariff Update: Pauses, New Tariffs, and Lawsuits

President Trump continues to expand his trade policy by announcing proposed increased tariffs, while trading partners attempt to effectuate trade deals with the US, and as President Trump’s authority to impose his initial…more

Appeals, Constitutional Challenges, Executive Orders, International Emergency Economic Powers Act (IEEPA), International Trade

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Taylor Brooks

As U.S. Warehouse Occupancy Hits All-Time Highs, What are the Top Legal Considerations in Contracts?

Warehouse occupancy across the United States hit an all-time high of 96.7% in 2022, and is projected to hit 96% by the end of 2023, according to the research department of Prologis, Inc., a San Francisco-based real estate…more

E-Commerce, Indemnification, Insurance Industry, Liability, Liens

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Sean Buckley

Protecting Your Mission: A Veteran Business Owner’s Guide to Contracts

Contracts are the bedrock of any successful relationship between business owners and their clients, vendors, and/or partners. They are legally binding agreements that clarify expectations, define responsibilities, and provide a…more

Breach of Contract, Confidential Information, Contract Disputes, Contract Drafting, Contract Negotiations

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Bradley Byrne

[Virtual Event] Labor and Employment AR/HR Summit - August 10th - 12th, 9:00 am - 2:30 pm CDT

Employers, especially HR professionals, have been on a roller coaster ride over the past 18 months. COVID-19 has not only changed the way we work but has underscored the need to take proactive steps to protect the longevity of…more

Anti-Discrimination Policies, Best Practices, Biden Administration, Collective Bargaining, Continuing Legal Education

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R. Nash Campbell

As Threats Against School Safety Increase, Administrators and Teachers Look for Solutions

The first few months of the 2024 school year have seen a dramatic uptick in both real and hoax threats of school violence, estimated to be in the thousands according to a recent Wall Street Journal article. As these types of…more

Emergency Response, Policies and Procedures, Public Schools, Snapchat, TikTok

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Richard Carmody

What are the Best Practices for Internal Controls and the Warning Signs of Embezzlement?

President Ronald Reagan once said, “Trust, but verify,” echoing a Russian proverb to describe the relationship moving forward with the Soviet Union. The saying loosely translates into proceeding cautiously when someone is…more

Accounting, Audits, Bank Accounts, Bank Deposits, Deposit Insurance

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Paul Carrubba

Six Steps Banks Should Implement to Ensure Their Security Procedures are Commercially Reasonable

Banks are tasked by the Uniform Commercial Code (the UCC) with using “commercially reasonable” security procedures when processing funds transfers. This responsibility is constantly evolving as bank fraud becomes more…more

Bank Fraud, Bank Security Procedures, Banking Sector, Commercially Reasonable Efforts, Cyber Attacks

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Deborah Challener

Practice Pointer: Unrefrigerated Dead Fish and Other Tips for Getting the Most You Can Out of the Standard of Review

The standard of review (“SOR”) is the lens through which an appellate court examines a trial court’s or agency’s decision making and often determines the outcome of an appeal. Consider the tips below to get the most out of the…more

Appeals, Appellate Courts, Federal Rules of Appellate Procedure, Jurisdiction, Standard of Review

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Will Cheek III

Tennessee Toughens Law for Underage Tobacco and Vape

A new Tennessee law means big changes for Tennessee retailers that sell tobacco and vapor products. The new law becomes effective July 1, 2025, with some parts kicking in later. If you sell cigarettes, e-cigarettes, cigars,…more

Advertising, Compliance, Government Agencies, New Legislation, New Regulations

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Tyler Conklin

New Burdens Aloft: What Trump’s De Minimis Revocation Means for Air Carriers

A bouquet of tulips from Amsterdam. A wedge of Parmigiano-Reggiano. A Hokkaido melon in gift wrap. A tin of French truffles. No longer considered indulgences, these cross-border packages can travel across the world to your…more

Air Carriers, Customs and Border Protection, Department of Transportation (DOT), Executive Orders, Imports

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Trent Cotney

New Florida Immigration Law May Have Crippling Effects

An immigration bill that Gov. Ron DeSantis signed into law on May 10 went into effect on July 1. It is one of the strictest in the nation. Its severe penalties not only affect Florida businesses and citizens, but may set a…more

Data Collection, Employer Liability Issues, Employment Eligibility Verification, Florida, Governor DeSantis

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Hailey Cummiskey

“Raiders of the Lost Ark”: SCOTUS Sides with Great Lakes, Reverses Raiders’ Win in Maritime Case

Under Federal Admiralty Law, Choice-of-Law Provisions in Maritime Contracts are Presumptively Enforceable - A battle between federal maritime law and state insurance rules was decided today by the highest court when the…more

Choice-of-Law, Dispute Resolution, Insurance Contracts, Insurance Industry, Insurance Litigation

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Kenneth Curtin

Florida Courts Disagree on Contractor’s License Requirements for Disaster Recovery Tasks

On the heels of a record-breaking three hurricanes making landfall in Florida in 2024 – Debby, Helene, and Milton – disaster recovery is obviously a hot topic as residents and business owners work to recover from the financial…more

Contractors, Disaster Aid, Florida, Insurance Industry, Natural Disasters

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Chris D'Amour

New Legislation Takes Aim at Fixing Louisiana’s “Insurance Crisis”

Affordability and availability of homeowners insurance in Louisiana was top of mind for lawmakers in the 2024 regular legislative session, and several bills have crossed the finish line, recently signed into law by Gov. Jeff…more

Breach of Duty, Good Faith, Homeowner's Insurance, Insurance Industry, Louisiana

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Stacia Daigle

As Election Nears, How Do State Laws Impact Employers’ Policing of Social Media Posts by Employees?

With a highly divisive U.S. Presidential Election between Donald Trump and Kamala Harris just weeks away, political social media posts have inundated newsfeeds. But what happens when a post goes too far, and/or an employee’s…more

Contract Terms, Disciplinary Proceedings, Employment Discrimination, Employment Policies, Free Speech

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Rick Dearborn

[Webinar] 2024 Election Recap: Breaking Down the Results - November 21st, 11:30 am - 12:30 pm CST

The Adams and Reese Government Relations team is poised and ready to bring an insider perspective to the results and policy priorities stemming from the 2024 United States Presidential Election…more

Economic Development, Election Results, Foreign Relations, Legislative Agendas, Presidential Elections

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Kendall Deranek

Supreme Court Rules in Favor of Prince Photographer, Against Warhol, in Fair Use Copyright Case

How Does the Landmark Decision – First in Last 30 Years on Fair Use – Affect Music, Entertainment, and Creative Industries? It has been nearly 30 years since the United States Supreme Court has ruled on fair use. On May 18,…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Copyright, Copyright Infringement, Copyright Litigation, Derivative Works

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Caleb Diaz

Are College Athletes Considered Employees? Court Denies NCAA Appeal in Win for Athletes

The possibility remains that college athletes could be considered employees under federal minimum-wage laws, following a U.S Appeals Court ruling on Thursday. The NCAA had sought a definitive ruling to prevent athletes from…more

Appeals, College Athletes, Fair Labor Standards Act (FLSA), Minimum Wage, NCAA

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Laura DiBella

[Webinar] 2024 Election Recap: Breaking Down the Results - November 21st, 11:30 am - 12:30 pm CST

The Adams and Reese Government Relations team is poised and ready to bring an insider perspective to the results and policy priorities stemming from the 2024 United States Presidential Election…more

Economic Development, Election Results, Foreign Relations, Legislative Agendas, Presidential Elections

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V. James Dickson

U.S. Supreme Court Limits Definition of Wetlands Under Clean Water Act

On May 25, 2023, the Supreme Court published their opinion in a case styled as Sackett II, which again focused on the definition of “waters of the United States” (WOTUS) and the jurisdictional reach the federal government had…more

Clean Water Act, Environmental Protection Agency (EPA), Rapanos v US, Sackett, Sackett v EPA

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Johnny Domiano Jr.

Fifth Circuit Holds that Not All Jones Act Seamen are FLSA Seamen; Some Entitled to Overtime

In denying an en banc rehearing of Adams v. All Coast, LLC, the Fifth Circuit held that not all Jones Act Seamen are FLSA Seamen. In Adams, as we detailed in February, the Court had reversed a district court ruling finding that…more

Fair Labor Standards Act (FLSA), Jones Act, Seamen, Unpaid Overtime, Wage and Hour

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Danielle Douglas

Hurricane Ian: Disaster Recovery Checklist for Utilities

In the aftermath of Hurricane Ian, utilities and telecommunications companies in Florida and other states in its path will be beginning the disaster recovery process. This checklist is not intended to be an all-inclusive list,…more

FCC, FEMA, Filing Deadlines, Hurricane Season, National Historic Preservation Act

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Brooke Duncan III

Ready or Not…the New FLSA Regs Are Coming

The Department of Labor (“DOL”) plans to more than double the minimum annual salary necessary for FLSA exemptions – currently $23,660 to $50,440. The DOL will likely issue a final rule later this year. This will be one of the…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Halliburton, Hospitality Industry, Misclassification

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Susan Eccles

Louisiana Supreme Court Issues Key Ruling on Contractor Summary Judgment

Earlier this month, the Louisiana Supreme Court issued a significant decision that holds implications for insurers and their insured contractors and subcontractors, particularly concerning summary judgment procedures in…more

Appeals, Burden of Proof, Construction Contracts, Construction Litigation, Contractors

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Eric Evans

It Is Brand Renewal Time in Tennessee for Manufacturers

The end of May in the Volunteer State means three things: the Cicadas are out in full force, it’s the beginning of summer break, and alcoholic beverage manufacturers need to renew their brands and varieties with the Department…more

Beverage Manufacturers, Brand, Business Privilege Tax, Department of Revenue, Licenses

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Jacqueline Feliciano

Florida’s Lien Law is Under Construction

Earlier this month, House Bill 331 was signed by Florida Gov. Ron DeSantis. House Bill 331 revises several provisions of Florida's Construction Lien Law, which is codified in Chapter 713, Part I of the Florida Statutes. Becoming…more

Construction Liens, Florida, License Agreements, Liens

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Lance Felicien

Programs Available to Veteran Entrepreneurs with Service-Connected Disabilities

As defined by the U.S. Department of Veterans Affairs (VA), a service-connected condition means an illness or injury that was caused by, or got worse because of, active military service. Veterans who have service-connected…more

Department of Defense (DOD), Department of Veterans Affairs, Entrepreneurs, Loans, SBA

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Mary Kate Fernandez

An I-9 Compliance Checklist for Businesses Engaged in Mergers & Acquisitions

In the fast-paced world of mergers, acquisitions, asset sales, and private equity transactions, the excitement of growth can overshadow critical compliance details. However, unaddressed I-9 compliance issues in any M&A deal may…more

Acquisitions, Compliance, Corporate Counsel, Due Diligence, E-Verify

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Robert Fowler

Santa’s Helpers: Montana Supreme Court Justices Deliver a Climate Change Miracle to Sixteen Youths

One week before Christmas, the Montana Supreme Court delivered a landmark gift to sixteen youth plaintiffs in Head, et al., v. State of Montana, et al., 2024 MT 300 (Mont. 2024), holding that the State of Montana violated their…more

Article III, Citizen Suits, Climate Change, Constitutional Challenges, Environmental Litigation

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Paige Franckiewicz

The Allegation Abbreviation: Louisiana Supreme Court Expedites Bad Faith Insurance Litigation

In a recent unanimous decision in Wilson v. Louisiana Citizens Property Insurance Corporation, the Louisiana Supreme Court held that bad faith claims against insurance companies are subject to a two-year prescriptive period when…more

Bad Faith, Breach of Contract, Insurance Claims, Insurance Industry, Insurance Litigation

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Evan Gaudet

Not So Fast – Federal Judge Strikes Down FTC Noncompete Ban, Status Quo for Now

The FTC’s highly publicized nationwide ban on noncompetes is on hold. The federal rule, which was originally scheduled to go into effect on Sept. 4, was struck down yesterday by a federal court in Texas. The court’s ruling…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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Gerard Gaudet

U.S. Department of the Interior Publishes Final Well Control Rule to Help Prevent Offshore Catastrophic Blowouts

The United States Department of the Interior published the final well control rule on Aug. 22 from the Bureau of Safety and Environmental Enforcement (BSEE). The rule clarifies blowout preventer (BOP) system regulations and…more

Biden Administration, BSEE, Deepwater Horizon, Department of the Interior, Energy Sector

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Lucia Geddes

Hurricane Helene Federal Disaster Recovery Funding

Almost exactly two years to the day from when Hurricane Ian (Category 4) struck Florida’s western coast near Cayo Costa, Florida, on Sept. 26, 2024, Hurricane Helene, also a catastrophic Category 4 storm with winds topping 140…more

Business Interruption, Department of Health and Human Services (HHS), Department of Justice (DOJ), Department of Labor (DOL), Department of Transportation (DOT)

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Patrick Gillespie

[Webinar] 2024 Election Recap: Breaking Down the Results - November 21st, 11:30 am - 12:30 pm CST

The Adams and Reese Government Relations team is poised and ready to bring an insider perspective to the results and policy priorities stemming from the 2024 United States Presidential Election…more

Economic Development, Election Results, Foreign Relations, Legislative Agendas, Presidential Elections

See all updates »

Javier Gonzalez

Want to Mitigate Tariff Impacts? Start by Looking at Incoterms

As companies directly or indirectly involved in international trade and cross-border supply chains navigate the complexities of tariffs and their expected retaliatory impacts, one effective strategy to mitigate their impact is…more

Contract Terms, International Trade, Retaliatory Tariffs, Risk Management, Supply Chain

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Matthew Guy

Not All at Sea are Seaman – Santee, Sanchez, Sans Jones Act Remedy

In Santee v. Oceaneering International, Inc., the Fifth Circuit determined that a technician for Remote Operated Vehicles (ROVs) on a drill ship, was not a seaman covered by the Jones Act but that his exclusive remedy for an…more

Compensation, Jones Act, Outer Continental Shelf Lands Act, Summary Judgment

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Ashley Harbin

ELVIS Act Becomes Law; Tennessee Safeguards Against AI Deepfakes

Tennessee has become the first state to enact legislation introducing new safeguards for the voices of songwriters, performers, and celebrities from artificial intelligence and deepfakes, as Governor Bill Lee signed the ELVIS…more

Artificial Intelligence, Cause of Action Accrual, Deep Fake, Fraud, General Elections

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Charles Henry

[Webinar] 2024 Election Recap: Breaking Down the Results - November 21st, 11:30 am - 12:30 pm CST

The Adams and Reese Government Relations team is poised and ready to bring an insider perspective to the results and policy priorities stemming from the 2024 United States Presidential Election…more

Economic Development, Election Results, Foreign Relations, Legislative Agendas, Presidential Elections

See all updates »

Randall Scott Hetrick

What Can Employers Ask Military Veterans During Job Interviews?

There are more than 8 million employed veterans, or about one out of every 20 U.S. civilian workers (Bureau of Labor Statistics). We have discussed in previous Vets to Ventures articles why veterans become valuable employees…more

Americans with Disabilities Act (ADA), Bureau of Labor Statistics, Employee Retention, Hiring & Firing, Interviews

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Philip Hollimon

The Exhaustion of Administrative Remedies Defense Takes Another Hit

The Supreme Court of Mississippi recently held in Tiger Production Company, LLC v. Pace, 2021-IA-00315-SCT, 2022 WL 11555295 (October 20, 2022) that surface owners are not necessarily required to exhaust administrative remedies…more

Administrative Remedies, Compensatory Damages, MS Supreme Court, Negligence, Nuisance

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Seth Hood

[Webinar] 2024 Election Recap: Breaking Down the Results - November 21st, 11:30 am - 12:30 pm CST

The Adams and Reese Government Relations team is poised and ready to bring an insider perspective to the results and policy priorities stemming from the 2024 United States Presidential Election…more

Economic Development, Election Results, Foreign Relations, Legislative Agendas, Presidential Elections

See all updates »

Ashley Jackson

As Threats Against School Safety Increase, Administrators and Teachers Look for Solutions

The first few months of the 2024 school year have seen a dramatic uptick in both real and hoax threats of school violence, estimated to be in the thousands according to a recent Wall Street Journal article. As these types of…more

Emergency Response, Policies and Procedures, Public Schools, Snapchat, TikTok

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Matthew Jackson

Not So Fast – Federal Judge Strikes Down FTC Noncompete Ban, Status Quo for Now

The FTC’s highly publicized nationwide ban on noncompetes is on hold. The federal rule, which was originally scheduled to go into effect on Sept. 4, was struck down yesterday by a federal court in Texas. The court’s ruling…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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M. Scott Jones

Financial Institutions Face New Risks in Allowing Consumers to Execute Wire Transfers Online

A recent court order issued in New York should concern any financial institutions that allow consumers to initiate wire transfers online. Financial institutions that allow consumers to execute wire transfers online should…more

Compliance, Consumer Financial Protection Bureau (CFPB), EFTA, Enforcement Actions, Financial Institutions

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Christopher Kane

Tariff Update: Pauses, New Tariffs, and Lawsuits

President Trump continues to expand his trade policy by announcing proposed increased tariffs, while trading partners attempt to effectuate trade deals with the US, and as President Trump’s authority to impose his initial…more

Appeals, Constitutional Challenges, Executive Orders, International Emergency Economic Powers Act (IEEPA), International Trade

See all updates »

Amy Hanna Keeney

FDIC Sends Clear Message in Recent Enforcement Action: BaaS/Fintech Partnerships are a High-Risk Compliance Area

Last month, the Federal Deposit Insurance Corporation (“FDIC”) took action against a bank for alleged unsafe or unsound banking practices. This, in and of itself, is not usual or newsworthy. What is unusual and newsworthy,…more

Audits, Banks, Compliance, Consent Order, EFTA

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Rocklan William King III

Insurers Get Relief: CA Rules No Duty to Defend in Opioid Lawsuits. Will Other States Follow?

Since 2014, thousands of individual lawsuits have been filed by state and local governments against opioid makers resulting from the influx of these drugs in the marketplace. To defray the costs in defending against these…more

California, Duty to Defend, Indemnification, Insurance Contracts, Insurance Industry

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Philip Kirkpatrick

Supreme Court Rules in Favor of Prince Photographer, Against Warhol, in Fair Use Copyright Case

How Does the Landmark Decision – First in Last 30 Years on Fair Use – Affect Music, Entertainment, and Creative Industries? It has been nearly 30 years since the United States Supreme Court has ruled on fair use. On May 18,…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Copyright, Copyright Infringement, Copyright Litigation, Derivative Works

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Luke LaHaye

Tariff Update: Pauses, New Tariffs, and Lawsuits

President Trump continues to expand his trade policy by announcing proposed increased tariffs, while trading partners attempt to effectuate trade deals with the US, and as President Trump’s authority to impose his initial…more

Appeals, Constitutional Challenges, Executive Orders, International Emergency Economic Powers Act (IEEPA), International Trade

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Edwin Laizer

EPA Greenlights Greenhouse Gas Emissions for Heavy-Duty Vehicles, But States File Lawsuit

Less than a month after the Environmental Protection Agency (EPA) published environmental operational standards and greenhouse gas emission regulations for owners and operators of heavy-duty vehicles, including major freight…more

Air Pollution, Air Quality Standards, CARB, Climate Change, Environmental Litigation

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Brad Lampley

[Webinar] 2024 Election Recap: Breaking Down the Results - November 21st, 11:30 am - 12:30 pm CST

The Adams and Reese Government Relations team is poised and ready to bring an insider perspective to the results and policy priorities stemming from the 2024 United States Presidential Election…more

Economic Development, Election Results, Foreign Relations, Legislative Agendas, Presidential Elections

See all updates »

Jeff Littlejohn

“Error: 404 not found?” Federal Judge Vacates Florida’s 404 Wetlands Permitting Program

“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal…more

Administrative Procedure Act, Center for Biological Diversity, Clean Water Act, Department of Environmental Protection, Dredge and Fill

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Tiffany Love

Road to Recovery: First Steps for Business Continuity Following a Natural Disaster - September 2024

As you begin to assess the damage from the historic Category 4 Hurricane Helene that struck the Gulf Coast, Adams and Reese’s Disaster and Recovery Team is here to assist you. Our firm has extensive experience handling a wide…more

Business Continuity Plans, Construction Industry, Disaster Preparedness, Documentation, Family and Medical Leave Act (FMLA)

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Tiffany M. Love

Military Spouse Federal Workers Exempt from Return-to-Work Mandate

President Trump’s Return to In-Person Work memorandum for all federal employees has received much publicity, but there is an important exemption that impacts military families…more

Compliance, Defense Sector, Employee Rights, Employment Policies, Executive Orders

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Benjamin Lute

Florida Launches “Check My Contract” Program in Wake of Hurricane-Related Insurance Claims

In a proactive move aimed at protecting property owners, the Florida Department of Financial Services (DFS) has launched what it refers to as its “Check My Contract” program. This initiative is geared towards residential and…more

Compliance, Consumer Protection Laws, Contractors, Florida, Hurricane Season

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Haverly MacArthur

“Robo Rules” – U.S. Copyright Office Publishes Guidance on Works Containing Artificial Intelligence

The U.S. Copyright Office has published copyright registration guidance on works containing material generated by artificial intelligence technology. The statement of policy clarifies its practices for examining and registering…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Copyright Registration

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Elizabeth Lee Maron

2024 Title IX Final Rule Enjoined in Louisiana, Mississippi, Montana, and Idaho

Last Thursday, a United States District Court in Louisiana enjoined implementation of the amended Title IX regulations (2024 Final Rule), the first decision in one of several cases challenging the 2024 Final Rule. The new…more

Administrative Procedure Act, Department of Education, Final Rules, First Amendment, Free Exercise Clause

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Kellen Mathews

New Legislation Takes Aim at Fixing Louisiana’s “Insurance Crisis”

Affordability and availability of homeowners insurance in Louisiana was top of mind for lawmakers in the 2024 regular legislative session, and several bills have crossed the finish line, recently signed into law by Gov. Jeff…more

Breach of Duty, Good Faith, Homeowner's Insurance, Insurance Industry, Louisiana

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Andrew McBride

“Hidden Ball Trick” – Yankees’ Aaron Judge Case Involving Deception Carries Lessons for Contractors

The hidden ball trick is a baseball play in which the fielder fakes a throw to the pitcher, so that he can trick the runner into stepping off the base. The fielder then tags out the runner. It’s a deceptive move that can happen…more

Breach of Contract, Business Litigation, Construction Contracts, Construction Industry, Contract Terms

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Aaron McLeod

Alabama Court Affirms that Marking Can Establish Timberland Adverse Possession

On April 11, 2025, the Alabama Court of Civil Appeals issued an opinion in Rayonier Forest Resources, LP v. Hudson, CL-2025-0003, in which it clarified Alabama law on how timberland owners and management companies can establish…more

Adverse Possession, Alabama, Appeals, Commercial Property Owners, Land Owners

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Edward McMullen

[Webinar] 2024 Election Recap: Breaking Down the Results - November 21st, 11:30 am - 12:30 pm CST

The Adams and Reese Government Relations team is poised and ready to bring an insider perspective to the results and policy priorities stemming from the 2024 United States Presidential Election…more

Economic Development, Election Results, Foreign Relations, Legislative Agendas, Presidential Elections

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Evan Moeller

Texas Appeals Court Rules in Favor of Adams and Reese Client; Addresses “Best-Efforts” Clause Enforceability

“Best-efforts” clauses in commercial contracts are not enforceable absent an objectively measurable standard or guideline for determining performance, according to the Court of Appeals for the First District of Texas, which…more

Appeals, Best Efforts Clauses, Commercial Contracts, Earn-Outs, Enforcement

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Kristina Montanaro Schrader

What’s Next Following the INFORM Consumers Act?

Focus on IP Law: Online Marketplaces Have Until June 27 to Implement Measures to Comply with New Anti-Counterfeiting Law - Any brand owner with an anti-counterfeiting program will tell you that one of their biggest…more

Consumers, Counterfeiting, Cybersecurity, Disclosure Requirements, Enforcement

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Lynn Morrow

Supreme Court Rules in Favor of Prince Photographer, Against Warhol, in Fair Use Copyright Case

How Does the Landmark Decision – First in Last 30 Years on Fair Use – Affect Music, Entertainment, and Creative Industries? It has been nearly 30 years since the United States Supreme Court has ruled on fair use. On May 18,…more

Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, Copyright, Copyright Infringement, Copyright Litigation, Derivative Works

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Margaret Myers

[Webinar] Workplace Accommodations and Protections for Pregnant and Nursing Mothers: New Federal Law Requirement as of June 2023 - October 5th, 12:00 pm - 1:00 pm CT

Adams and Reese Partner Margaret Myers will lead a complimentary, one-hour CLE webinar to discuss Workplace Accommodations and Protections for Pregnant and Nursing Mothers: New Federal Law Requirement as of June 2023…more

Best Practices, Breastfeeding, Continuing Legal Education, Employer Liability Issues, Federal Labor Laws

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Ryan Owen

Don’t Delete That Data! Actions Required to Satisfy Document Preservation Obligations

When faced with litigation, many companies will hire a lawyer and otherwise continue to operate as if everything else is normal. However, a recent Florida court decision has shown that certain steps are required to satisfy…more

Cell Phones, Data Collection, Data Deletion, Document Preservation Notices, Electronic Records

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Kaitlin Parham

What Should Employers Consider About a Four-Day Workweek?

The four-day workweek is a hot topic of discussion among employers and employees. There are different ways for businesses to implement a four-day workweek, such as keeping a 40-hour workweek with employees working ten hours a…more

Americans with Disabilities Act (ADA), Compliance, Contract Terms, Employee's Childcare, Fair Labor Standards Act (FLSA)

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G. Robert Parrott II

More Businesses Now Eligible for Employee Retention Credit (ERC) – Do You Qualify?

What is the ERC? Congress introduced the Employee Retention Credit (ERC) as part of the CARES Act to encourage businesses to keep employees on their payroll during the pandemic…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Employee Retention, Paycheck Protection Program (PPP)

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Eric Partlow

Hurricane Helene Federal Disaster Recovery Funding

Almost exactly two years to the day from when Hurricane Ian (Category 4) struck Florida’s western coast near Cayo Costa, Florida, on Sept. 26, 2024, Hurricane Helene, also a catastrophic Category 4 storm with winds topping 140…more

Business Interruption, Department of Health and Human Services (HHS), Department of Justice (DOJ), Department of Labor (DOL), Department of Transportation (DOT)

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Lucian Pera

[Webinar] 2024 Legal Ethics Year in Review - December 12th, 12:00 pm CT

Leading ethics attorneys Lucian Pera, Partner with Adams and Reese, and Trish Rich, Partner with Holland & Knight, return for a free, one-hour review of the most important developments of the last year (or so) in legal ethics…more

Artificial Intelligence, Attorney-Client Privilege, Conflicts of Interest, Continuing Legal Education, Cybersecurity

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Gabriel Pinilla

FCC’s 1:1 Consent Rule Delayed Then Struck Down on Eve of Implementation Date

On the final business day before it was to go into effect, the FCC’s One-to-One Consent Rule, which redefines consent under the Telephone Consumer Protection Act, was delayed for one year by FCC order. Minutes later, the new…more

Compliance, Consent, Consumer Privacy Rights, Enforcement Actions, FCC

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Rob Pinson

TTB Greatly Expands Standards of Fill for Wine and Distilled Spirits Containers

The U.S. Alcohol and Tobacco Tax & Trade Bureau (TTB) recently released a new final rule authorizing new standards of fill for wine and distilled spirits containers. The rule, available here, is scheduled to be published today,…more

Compliance, Final Rules, Regulatory Requirements, Rulemaking Process, TTB

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Carter Pope

“Hidden Ball Trick” – Yankees’ Aaron Judge Case Involving Deception Carries Lessons for Contractors

The hidden ball trick is a baseball play in which the fielder fakes a throw to the pitcher, so that he can trick the runner into stepping off the base. The fielder then tags out the runner. It’s a deceptive move that can happen…more

Breach of Contract, Business Litigation, Construction Contracts, Construction Industry, Contract Terms

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Ashlee Poplin

North Carolina Offices Clarify Licensing, Permitting Guidelines for Solar Panel Installations

North Carolina Surges to Fourth in Nation for Solar Energy - A July 2023 Forbes article reports that North Carolina ranks fourth in the nation for solar energy generation, according to the United States Energy Information…more

Contractors, Homeowners Association (HOA), Licensing Rules, North Carolina, Solar Energy

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Kyle Potts

Fifth Circuit upholds “seamen” exemption and dismisses “day-rate” FLSA collective action suit.

A wave of FLSA collective (class) actions have been filed against scores of marine shipping and towing companies in the Gulf States for violation of the FLSA. Specifically, these suits claim that the commonly used “day-rate” pay…more

Attorney's Fees, Class Action, Day-Rate Pay, Fair Labor Standards Act (FLSA), Liquidated Damages

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Emory Powers

OCC Publishes Revised Examination Procedures Addressing Telephone Consumer Protection Act

On November 1, 2023, the Office of the Comptroller of the Currency (OCC) published a revised interagency examination procedure to address updates to the federal Telephone Consumer Protection Act (TCPA). Although TCPA compliance…more

Advertising, Auto-Dialed Calls, Carve Out Provisions, Compliance, Data Breach

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Brian Pugh

For Further Review – AI Contract Analysis Can Lead to Problems for Businesses

Have you ever asked AI how to stop cheese from sliding off pizza in the oven? One person reported that they did and received a reply to use glue to fasten the cheese to their pizza. This may seem extreme, but it’s an instance…more

Artificial Intelligence, Contract Terms, Intellectual Property Protection, Machine Learning, Risk Management

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Kristy Ray Quattrone

Top 10 Best Practices for Selecting and Managing Boards of Directors

Board composition impacts the strategic direction, financial health, and overall performance of every enterprise. A well-functioning board of directors is the backbone of any successful organization, whether it operates as…more

Board of Directors, For-Profit Corporations, Government Entities, Nonprofits

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Jeffrey Richardson

The Allegation Abbreviation: Louisiana Supreme Court Expedites Bad Faith Insurance Litigation

In a recent unanimous decision in Wilson v. Louisiana Citizens Property Insurance Corporation, the Louisiana Supreme Court held that bad faith claims against insurance companies are subject to a two-year prescriptive period when…more

Bad Faith, Breach of Contract, Insurance Claims, Insurance Industry, Insurance Litigation

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Alexandra Roselli Lamb

ChatGPT: An Insurer's Friend or Foe in the Fight Against Insurance Fraud

The hype around ChatGPT and other artificial intelligence is hard to escape. The importance of learning the risks and advantages of artificial technology cannot be understated. This is especially true for the insurance industry,…more

Artificial Intelligence, Insurance Fraud, Machine Learning

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Jason Roussel

Louisiana’s Planned Community Act Provides Clarity and Modern Legal Framework for Real Estate Development

From basic building restrictions to complex planned communities, Louisiana’s legal framework has struggled to keep pace with evolving market demands and homeowner expectations. Courts have wrestled with these evolving market…more

Community Development, Homeowners, Homeowners Association (HOA), New Legislation, Planned Communities

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Raymond Russell

Top Five Things to Know About Borrowing Money for Gulf State Energy Financing

Oil and gas companies operating in the Gulf States frequently access financing to support their operations and exploration. The transactions involve unique legal complexities due to the nature of the industry and assets…more

Borrowers, Collateral, Contract Terms, Due Diligence, Energy Projects

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Leigh Ann Schell

No Coverage for COVID-19 Business Interruption Losses, Rules Louisiana Supreme Court in Cajun Conti Case

Since the onset of the COVID-19 pandemic, courts around the nation have faced the issue of whether insureds are entitled to coverage for business interruption losses resulting from the pandemic. In nearly all of these cases, the…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Insurance Claims, Insurance Industry

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Hunter Schoen

Not So Fast – Federal Judge Strikes Down FTC Noncompete Ban, Status Quo for Now

The FTC’s highly publicized nationwide ban on noncompetes is on hold. The federal rule, which was originally scheduled to go into effect on Sept. 4, was struck down yesterday by a federal court in Texas. The court’s ruling…more

Federal Bans, Federal Trade Commission (FTC), Final Rules, FTC Act, Non-Compete Agreements

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John Scott III

How to Protect Your Patent and Safeguard Your IP

(A&R Vets to Ventures features a co-authored article with our friends from Data² - a veteran-owned small business that leverages advanced analytics, data science, machine learning, and AI to enable organizations to harness the…more

Artificial Intelligence, Innovative Technology, Intellectual Property Protection, Investors, Machine Learning

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Bennett Secrest

Georgia and Florida Pass Commercial Financing Disclosure Laws

To Whom Do the Laws Apply? What are the Required Disclosures? Georgia and Florida join others in passing commercial financing disclosure laws – new state regulations requiring disclosure statements from certain commercial…more

Disclosure Requirements, Equity, Financing, Leases, Online Marketplace Lending

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Erica Sensenbrenner

More Businesses Now Eligible for Employee Retention Credit (ERC) – Do You Qualify?

What is the ERC? Congress introduced the Employee Retention Credit (ERC) as part of the CARES Act to encourage businesses to keep employees on their payroll during the pandemic…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Employee Retention, Paycheck Protection Program (PPP)

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William Shea

Louisiana Legislature Convenes Special Session to Address Hurricane Insurance Crisis

Today, the Louisiana Legislature convened a special session to address the issue of funding for the Insure Louisiana Incentive Fund. Governor John Bel Edwards called for the emergency session in response to mounting concerns…more

Homeowner's Insurance, Hurricane Season, Insolvency, Insurance Industry, Louisiana

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Kirby Shealy III

South Carolina Ruling Has Major Implications on Indemnity Provisions and Collateral Estoppel

South Carolina contractors need to be aware of a recent decision by the South Carolina Court of Appeals that clarifies the landscape for indemnity provisions in contracts and introduces critical consideration regarding the…more

Ambiguous, Appellate Courts, Breach of Contract, Collateral Estoppel, Construction Contracts

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Philip Sherman

Property Tax Assessments and Losses Resulting from Hurricane Ida

The damage caused to property by Hurricane Ida in Louisiana was significant. Many businesses will or already have made claims with their insurers for property damage, loss of equipment, inventory, and business interruption. One…more

Hurricane Season, Louisiana, Property Damage, Property Tax, Severe Weather

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Brent Siler

U.S. Supreme Court Opens the Door for Reverse Discrimination Claims

When I think of employment discrimination, I generally think of someone in a traditional majority group (e.g., white or male) firing someone in a minority group (e.g., African American or female) because of sex or race. But the…more

Anti-Discrimination Policies, Diversity and Inclusion Standards (D&I), Employee Rights, Employer Responsibilities, Employment Discrimination

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Brian Smithweck

CTA Reporting No Longer Required by U.S. Domestic Companies; Foreign Companies Only, Says FinCEN

U.S. companies can exhale. All entities created in the U.S. – including those previously known as “domestic reporting companies” and their beneficial owners – will be exempt from Corporate Transparency Act (CTA) reporting…more

Anti-Money Laundering, Beneficial Owner, Business Entities, Corporate Transparency Act, Filing Deadlines

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W. Taylor Stanley

South Carolina Ruling Has Major Implications on Indemnity Provisions and Collateral Estoppel

South Carolina contractors need to be aware of a recent decision by the South Carolina Court of Appeals that clarifies the landscape for indemnity provisions in contracts and introduces critical consideration regarding the…more

Ambiguous, Appellate Courts, Breach of Contract, Collateral Estoppel, Construction Contracts

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Martin Stern

No Coverage for COVID-19 Business Interruption Losses, Rules Louisiana Supreme Court in Cajun Conti Case

Since the onset of the COVID-19 pandemic, courts around the nation have faced the issue of whether insureds are entitled to coverage for business interruption losses resulting from the pandemic. In nearly all of these cases, the…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Insurance Claims, Insurance Industry

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Harper Street

Louisiana SC Reverses Decision to Reduce $19M Jury Award – Troubling for Tort Reform Advocates

The Louisiana Supreme Court sent a concerning message to tort reform supporters when it surprisingly reversed its own earlier decision, which lowered an almost $19-million judgment awarded to a commercial truck driver severely…more

Appeals, Bodily Injury, Car Accident, Insurance Rates, Jury Awards

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Lauren Tafaro

Exempted from Overtime Pay?

Supreme Court rules in favor of well-paid oil and gas company supervisor in overtime compensation dispute. Consider for a moment whether a company supervisor who makes over $200,000 annually is a “salaried employee” or not,…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Helix Energy Solutions Group Inc v Hewitt No 21-984, Highly Compensated Employees

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Alec Taylor

Mississippi Amends Code for Residential Roof Contractors; What Changes Do You Need to Know?

Residential roof contractors need to be aware of final amendments to a Mississippi state code that governs the interaction between a residential roofing contractor and a homeowner when insurance proceeds pay for some or all of a…more

Building Codes, Contractors, New Amendments

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Taylor Phuong-Anh Smith

Split U.S. Supreme Court Decision Leaves Religious Charter School Ban Intact

On May 22, 2025, the U.S. Supreme Court issued a per curiam decision in Oklahoma Statewide Charter School Board v. Drummond, resulting in a 4-4 split due to the recusal of Justice Amy Coney Barrett. The Court’s split decision…more

Charter Schools, Constitutional Challenges, Establishment Clause, First Amendment, Judicial Authority

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Guilford Thornton Jr.

Shaping the Future of Business Operations: Turning Threat into Opportunity

As the fourth wave of COVID surges, businesses are left, once again, wondering what to expect in regards to their staff, clients, office space, and more. In Season 2, Episode 5, Adams and Reese’s Managing Partner, Gif Thornton,…more

Business Development, Business Operations, Business Opportunities, Coronavirus/COVID-19, Crisis Management

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Lee Tomlinson

"There's SNOW Place Like ... Florida?" - How a New Florida Law Impacts Roofing Contractors During A Winter Weather State of Emergency

On January 20, 2025, Florida Gov. Ron DeSantis issued Executive Order EO 25-13 declaring a statewide emergency regarding the inbound winter weather system, moving across the newly designated Gulf of America, which is expected to…more

Compliance, Construction Contracts, Construction Industry, Contract Terms, Contractors

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David Toney

Emerging Trends in Construction Defect/Product Liability for Manufacturers

There are several emerging trends in 2023 concerning construction component manufacturers. 1. Tendering to and/or Adding Subs and Suppliers to Claims/Cases/Matters The most notable trend specific to manufacturers is…more

Addendums, Construction Contracts, Construction Industry, Contractors, Coronavirus/COVID-19

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Jeff Trotter

Santa’s Helpers: Montana Supreme Court Justices Deliver a Climate Change Miracle to Sixteen Youths

One week before Christmas, the Montana Supreme Court delivered a landmark gift to sixteen youth plaintiffs in Head, et al., v. State of Montana, et al., 2024 MT 300 (Mont. 2024), holding that the State of Montana violated their…more

Article III, Citizen Suits, Climate Change, Constitutional Challenges, Environmental Litigation

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Louis Ursini III

FCC’s 1:1 Consent Rule Delayed Then Struck Down on Eve of Implementation Date

On the final business day before it was to go into effect, the FCC’s One-to-One Consent Rule, which redefines consent under the Telephone Consumer Protection Act, was delayed for one year by FCC order. Minutes later, the new…more

Compliance, Consent, Consumer Privacy Rights, Enforcement Actions, FCC

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Roland Vandenweghe Jr.

OSHA Clarifies Who May Attend Workplace Inspections

The Occupational Safety and Health Administration (OSHA) recently amended 29 CFR 1903.8(c) to clarify who may represent employees during workplace inspections. Because these amendments will go into effect on May 31, 2024 (which…more

Employee Representatives, Inspections, New Regulations, OSHA, Safety Inspections

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Katelin Varnado

Louisiana Supreme Court Issues Key Ruling on Contractor Summary Judgment

Earlier this month, the Louisiana Supreme Court issued a significant decision that holds implications for insurers and their insured contractors and subcontractors, particularly concerning summary judgment procedures in…more

Appeals, Burden of Proof, Construction Contracts, Construction Litigation, Contractors

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Herschel Vinyard Jr.

“Error: 404 not found?” Federal Judge Vacates Florida’s 404 Wetlands Permitting Program

“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal…more

Administrative Procedure Act, Center for Biological Diversity, Clean Water Act, Department of Environmental Protection, Dredge and Fill

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Timothy Volpe

Shaping the Future of Business Operations: Turning Threat into Opportunity

As the fourth wave of COVID surges, businesses are left, once again, wondering what to expect in regards to their staff, clients, office space, and more. In Season 2, Episode 5, Adams and Reese’s Managing Partner, Gif Thornton,…more

Business Development, Business Operations, Business Opportunities, Coronavirus/COVID-19, Crisis Management

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Cassandra Walsh

Protecting Your Mission: A Veteran Business Owner’s Guide to Contracts

Contracts are the bedrock of any successful relationship between business owners and their clients, vendors, and/or partners. They are legally binding agreements that clarify expectations, define responsibilities, and provide a…more

Breach of Contract, Confidential Information, Contract Disputes, Contract Drafting, Contract Negotiations

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Marc Warren

What is the Civil Reserve Air Fleet Program? Why is CRAF Beneficial to the Military and Airline Industry?

The Civil Reserve Air Fleet Program (“CRAF”) is a story of industry and government successfully working together in the national interest. It’s also an example of how the commercial airline industry – which employs hundreds of…more

Airlines, Department of Defense (DOD), Military Conflict

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Collin Weyand

Eight Corners Rule Update – Texas Federal Courts Apply Monroe Exception to Consider Extrinsic Evidence

A previous update analyzed the critical case of Monroe Guaranty Ins. Co. v. Bitco Gen. Ins. Corp., where the Texas Supreme Court recognized an exception to Texas’s “eight corners rule” but found the exception inapplicable to the…more

Cause of Action Accrual, Duty to Defend, Extrinsic Evidence, Insurance Industry, Insurance Litigation

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Thomas White

The Legalization of "Alcohol To-Go" in Florida's Highly Regulated Beverage Alcohol Industry

More than a year since the COVID-19 pandemic first began, we are all familiar with the ways in which it has impacted industry in the United States. While it decimated brick and mortar businesses and caused thousands of bars and…more

Alcohol Beverage Control, Beverage Manufacturers, Coronavirus/COVID-19, Direct to Consumer Sales, Executive Orders

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S. Craig Wilcox

Texas Becomes 22nd State to Pass CROWN Act – What Employers Need to Know

Texas has become the 22nd state to pass the CROWN Act – Creating a Respectful and Open World for Natural Hair Act – which essentially prohibits employers, labor unions, and employment agencies, from discriminating against any…more

FEHA, Hairstyle Discrimination, Labor Code, NAACP, Popular

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John Woods III

Reconnaissance is Key – A Veteran Business Owner’s Guide on Commercial Leases

Veteran business owners: whether you are setting up shop in an office building or in a retail strip mall, your commercial lease is a critical piece of your company’s mission. Just like a well-defined business plan, a clear and…more

Commercial Leases, Commercial Real Estate Contracts, Commercial Tenants, Contract Disputes, Contract Negotiations

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William Wright IV

Eight Corners Rule Update – Texas Federal Courts Apply Monroe Exception to Consider Extrinsic Evidence

A previous update analyzed the critical case of Monroe Guaranty Ins. Co. v. Bitco Gen. Ins. Corp., where the Texas Supreme Court recognized an exception to Texas’s “eight corners rule” but found the exception inapplicable to the…more

Cause of Action Accrual, Duty to Defend, Extrinsic Evidence, Insurance Industry, Insurance Litigation

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Christopher Yost

Colorado's New Construction Bill: What Developers Need to Know

On May 12, 2025, Governor Jared Polis signed HOUSE BILL 25-1272, a significant piece of legislation aimed at reforming the construction defect process, particularly for middle market housing (multifamily, attached housing of two…more

Affordable Housing, Colorado, Construction Defects, Construction Litigation, Homeowners Association (HOA)

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Laurie Briggs Young

Supreme Court Ruling Makes Mortgage Loan Officers Eligible for Overtime Pay

Federal agencies now have the authority to interpret their own rules. On March 9, 2015, in Perez v. Mortgage Bankers Ass’n, No. 13-1041, slip op. (U.S. Mar. 9, 2015), the United States Supreme Court effectively gave federal…more

Administrative Exemption, Administrative Procedure Act, Banks, Department of Labor (DOL), Exempt-Employees

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Garrett Zoghby

Risky Business – Making Indemnities Work

Businesses and individuals enter into indemnification or hold harmless agreements to protect one party of the transaction from the risks or liabilities created by the other party of the transaction. To defray the costs in…more

Duty to Defend, Indemnification, Insurance Claims, Insurance Industry, Insurance Litigation

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