Author Info for Bradley Arant Boult Cummings LLP

Sara Accardi

The Case For Overturning Florida Foreclosure Ruling

In an opinion written in under 1,000 words, Florida's Fourth District Court of Appeal put foreclosure cases across Florida in jeopardy in Desbrunes v. U.S. Bank National Association in February. Originally published in Law360…more

Appeals, Banking Sector, Beneficiaries, Deficiency Judgments, Florida

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Courtney Achee

New TCPA Consent Requirements Out the Window: What Businesses Need to Know

The landscape of prior express written consent under the Telephone Consumer Protection Act (TCPA) has undergone a significant shift over the past 13 months. In a December 2023 order, the Federal Communications Commission (FCC)…more

Consent, Consumer Protection Laws, Data Privacy, Enforcement Actions, FCC

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J. Mark Adams Jr.

Obtaining a License to Transport Medical Cannabis in Alabama

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

Alabama, Cannabis Products, Legalization, Legislative Agendas, Licenses

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Samuel Adams

HHS’s Proposed Security Rule Updates Will Require Adjustments to Accommodate Modern Vulnerability and Incident Response Issues

In this week’s installment of our blog series on the U.S. Department of Health and Human Services’ (HHS) HIPAA Security Rule updates in its January 6 Notice of Proposed Rulemaking (NPRM), we are exploring the proposed updates to…more

Compliance, Cybersecurity, Data Privacy, Data Protection, Department of Health and Human Services (HHS)

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Scott Adams

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

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

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

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Alicia Adlerz

DOJ Evaluation of Corporate Compliance Programs - Government Enforcement Update

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

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

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F. Wendell Allen

Idaho Joins the De-Banking Ban Wave

Starting July 1, 2025, Idaho will subject financial institutions with total assets over a certain threshold to new restrictions under the Transparency in Financial Services Act. The law follows a growing trend among states…more

Anti-Discrimination Policies, Banking Sector, Compliance, Consumer Protection Laws, Discrimination

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Kristina Allen Reliford

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

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

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

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Gabriella Alonso

How the Trump Administration’s War on Cartels Will Reshape the Financial Sector

On March 11, 2025, the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) issued a Geographic Targeting Order (GTO) aimed at disrupting drug trafficking and money laundering along the southwestern border. The…more

Anti-Money Laundering, Cartels, Currency Transaction Reports (CTR), Enforcement Priorities, Financial Crimes

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Keith Anderson

Lots of Action – The First Weeks of the Trump Presidency

It has proven to be an eventful first month of the new administration with multiple executive orders, memoranda issued, and lawsuits filed in response. Things are moving quickly and should be continually monitored for…more

Civil Rights Act, Constitutional Challenges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

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Petar Angelov

Louisiana District Court Denies Motion to Compel Arbitration Pursuant to DIFC-LCIA

A U.S. federal district court refused to compel arbitration in a contractual dispute concerning the supply of materials, products, and services for an oil and gas project being performed by defendants in Saudi Arabia. The…more

Arbitration, Commercial Arbitration, Contract Disputes, DIFC, Dispute Resolution

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Jim Archibald

Merely Copying In-House Counsel Does Not Necessarily Establish Attorney-Client Privilege

Businesses who employ in-house attorneys frequently assume that copying their lawyer on internal communications shields the communications from discovery because of the attorney-client privilege. In 1981, the U.S. Supreme Court…more

Attorney-Client Privilege, Construction Industry, Corporate Governance, Data Privacy, Discovery

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Shae Armstrong

Why President Trump Can't Just Re-Write the Rules: The EB-5 Program’s Congressional Lock | Insights & Events

The EB-5 Immigrant Investor Program, created in 1990 under the Immigration Act, provides a pathway for foreign nationals to obtain U.S. residency through investments in American businesses that generate jobs. Tuesday, President…more

Constitutional Challenges, EB-5, Executive Orders, Foreign Nationals, Immigration Procedures

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William Athanas

Immigration Enforcement on Worksites Newly Challenges Employers

The Trump administration has made clear its intent to increase Immigration and Customs Enforcement efforts in order to carry out mass deportations. The agency intends to employ a range of tactics, including those often referred…more

Department of Homeland Security (DHS), Employer Liability Issues, Employer Responsibilities, Employment Litigation, Enforcement

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Sarah Atkinson

FHFA Has Fraud on Its Mind

In recent days, Federal Housing Finance Agency (FHFA) Director Bill Pulte has made it clear that he believes fraud is a rampant problem at FHFA. In a stream of related activities, Pulte has called on the public to report fraud…more

Borrowers, Employees, Enforcement Actions, Fannie Mae, FHFA

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Anne Knox Averitt

Drug Test Woes: State Law Protections for Employee Cannabis Use May Not Protect Them After All

The changing landscape of the cannabis industry is keeping employers on their toes nationwide. As more and more states expand the legalization of cannabis products, we are also seeing a trend in the cannabis statutes for…more

Anti-Discrimination Policies, Cannabis Products, Drug Testing, Employee Rights, Employer Liability Issues

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Marc James Ayers

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

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

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

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A.J. Bahou

DOJ Expects Corporate Compliance Programs to Keep Pace with Artificial Intelligence

Newly Updated Evaluation of Corporate Compliance Programs (ECCP) Addresses AI for the First Time - On September 23, 2024, the U.S. Department of Justice (DOJ) revised its Evaluation of Corporate Compliance Programs (ECCP)…more

Antitrust Violations, Artificial Intelligence, Compliance, Corporate Governance, Department of Justice (DOJ)

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James Blake Bailey

I’m WARNing You… Maybe? Bankruptcy Court Considers Exception to Layoff Notice Statute

The federal Worker Adjustment Retraining Notification Act (the WARN Act), generally requires that employers give workers 60 days’ written notice of any plant closings or mass layoffs. If employers do not comply with this…more

Back Pay, Bankruptcy Court, Compliance, Department of Labor (DOL), Employees

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Simon Turner Bailey

A New Day for Arbitration in Mississippi?

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

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

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Erik Banuchi

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

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

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

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Jonathan Barnes

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

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

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

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Caleb Barron

How to Protect Your ESOP from Lawsuits Over Cash Holdings

At least four lawsuits have recently been filed against employee stock ownership plan (ESOP) fiduciaries alleging a failure to prudently invest cash held in the ESOP trust. While scrutiny of investments in company stock has long…more

Corporate Governance, Employee Benefits, Employee Stock Purchase Plans, Employer Liability Issues, Employment Litigation

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Paul Barsness

Trump’s Pick for Chief Legal Officer May Signal More Changes for DOL

This week President Donald Trump nominated attorney Jonathan Berry to be the next solicitor of the Department of Labor (DOL). Berry worked in the department during the first Trump administration, and he was the sole author of…more

Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employee Rights, Employer Liability Issues, Employment Policies

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Samuel Bartz

Two Steps Too Far: New Limitations on the Use of the Texas Two- Step to Resolve Mass Tort Liability in Bankruptcy

This paper explores the mechanisms by which companies have utilized corporate restructuring through divisive mergers in conjunction with the available protections and tools of the United States Bankruptcy Code to resolve mass…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Class Action, Commercial Bankruptcy

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Nancy Baughan

Ga. Banking Brief: All The Notable Legal Updates In Q4

In the fourth quarter of 2023, Sen. Raphael Warnock, D-Ga., made industry news, important banking and financial rule changes were implemented, and Georgia's Department of Banking and Finance quietly issued important new…more

Banking Sector, Capital Requirements, Financial Institutions, Financial Regulatory Reform, Georgia

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Kaylee Beauchamp

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

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

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

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Ryan Beaver

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

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

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

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Aron Beezley

Key Legal Issues Facing U.S. Government Contractors in 2025

As the regulatory environment continues to evolve in the new administration, U.S. government contractors are facing an increasingly complex array of legal challenges. Staying compliant and competitive requires close attention to…more

Bid Protests, Buy America, Buy American Act, Compliance, Cybersecurity

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Delaney Beier

Buyer Beware: The Importance of Conducting Environmental Due Diligence

In the context of commercial real estate transactions, due diligence is conducted to obtain and verify available information regarding a property’s attributes and characteristics, physical and environmental condition, ownership,…more

Buyers, CERCLA, Commercial Real Estate Market, Due Diligence, Environmental Liability

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Jay Bender

Environmental Liability in Bankruptcy: The Comprehensive Environmental Response, Compensation, and Liability Act Perspective

In general, environmental law seeks to protect public health and the environment by providing for liability, compensation, cleanup, and emergency response to the release or disposal of hazardous substances. And more…more

Automatic Stay, Bankruptcy Code, CERCLA, Clean-Up Costs, Commercial Bankruptcy

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A. Lee Bentley III

False Claims Act: 2024 Year in Review

Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2024 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends. In…more

Anti-Kickback Statute, Cybersecurity, Damages, Department of Justice (DOJ), False Claims Act (FCA)

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Michael Bentley

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

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

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

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Elliot Bertasi

Information Blocking Rule Compliance Date Extended Due to Pandemic

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

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

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Gene Besen

False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Beryl Newchurch Billings

CFPB Provides New Guidance on Discrimination in Algorithmic Credit Decisions

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

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

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Stanley Blackmon

California Supreme Court Recognizes “Innovator Liability”

Last week, the California Supreme Court in T.H. v. Novartis Pharmaceuticals Corp., became the first state high court to recognize the doctrine of “innovator liability,” unanimously holding that brand-name prescription drug…more

CA Supreme Court, Generic Drugs, Innovator Liability, Life Sciences, Novartis

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Jeffrey Blackwood

Understanding the FEMA 50% Rule

Following Hurricanes Helene and Milton, impacted homeowners have received correspondence from their local building officials notifying the homeowners that their property is affected by the 50% Rule. Sometimes these are referred…more

FEMA, Flood Insurance, Flooding, Hurricane Season, Insurance Claims

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Joshua Blades

Special Session Ends with Handful of Noteworthy Tax Bills, Predictions for Next Special Session

The first Special Session of 2015 ended on Tuesday, August 11, without accomplishing the primary objective of passing a General Fund budget for the 2015-2016 fiscal year. The Governor’s “call” for the special session included…more

Business Taxes, Legislative Agendas, Legislative Process, Reciprocity Rules, Repeal

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Charles Blanchard

Subcontractors’ COVID-19-Related Claims Survive Motion to Dismiss

In the Armed Services Board of Contract Appeals (ASBCA) appeal of McCarthy HITT – Next NGA West JV, ASBCA No. 63571, 2023 WL 9179193 (Dec. 20, 2023), a contractor brought suit for a collection of COVID-19-related claims on…more

Appeals, Armed Services Board of Contract Appeals, Breach of Contract, Coronavirus/COVID-19, Federal Contractors

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Katherine Blankenship

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

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

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

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Paul Bolus

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

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

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

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Cortlin Bond

What’s the Latest News with DEI?

As you know, there’s been a frenzy around DEI initiatives this year in the of wake President Trump’s executive orders regarding diversity, equity, and inclusion programs. We addressed the executive order titled “Ending Illegal…more

Anti-Discrimination Policies, Bias, Civil Rights Act, Compliance, Diversity

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Lindsey Boney IV

California Supreme Court Recognizes “Innovator Liability”

Last week, the California Supreme Court in T.H. v. Novartis Pharmaceuticals Corp., became the first state high court to recognize the doctrine of “innovator liability,” unanimously holding that brand-name prescription drug…more

CA Supreme Court, Generic Drugs, Innovator Liability, Life Sciences, Novartis

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Elizabeth Boone

Don’t Mess with Texas or Its Cybersecurity and Data Privacy Laws

In recent years, the Lone Star State has been vigilant in enacting cybersecurity and data privacy laws to protect individuals and businesses from the disastrous effects of a data breach. Here is a timeline of previous…more

Cybersecurity, Data Privacy, Data Protection, Data Protection Acts, Data Security

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Christopher Bowles

IRA Update: Recent Regulations Potentially at Risk in Second Trump Administration

With the inauguration of President Donald Trump and the Republican Party taking control of both houses of Congress, the renewable energy industry is faced with great uncertainty, including the potential for immediate impacts on…more

Clean Energy, Congressional Review Act, Executive Orders, Final Rules, Inflation Reduction Act (IRA)

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Caroline Bradley-Kenney

High Stakes and Political Blazes: Top 10 Cannabis Trends of 2024

2024 was a banner year for cannabis lawmakers and business operators. From Kamala Harris advocating for marijuana reforms to California’s clash of titans between hemp and marijuana markets, there was no shortage of drama in the…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), DEA, Decriminalization of Marijuana

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Michael Brent

Buying Distressed Operations in the Skilled Nursing Facility Space

The “Nursing Home Covid-19 Data Dashboard” maintained by the Centers for Disease Control and Prevention (CDC) shows that COVID-19 had an unusually intense impact on the long term care community. Cases among nursing home…more

Buyers, Buying a Business, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Distressed Properties

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Nicolas E. Briscoe

Eleventh Circuit Further Clarifies its “Reliable Indicia” Pleading Standard Under the False Claims Act

It has long been the law of the Eleventh Circuit that, under the False Claims Act (FCA) and Federal Rule of Civil Procedure 9(b), a relator must provide sufficient “indicia of reliability … to support the allegation of an actual…more

Appeals, False Claims Act (FCA), Federal Rules of Civil Procedure, Fraud, Government Agencies

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Justin Brown

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

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

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

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Lee-Ann Brown

Biden’s Executive Order on Project Labor Agreements Violates CICA

In a recent decision, the Court of Federal Claims (COFC) ruled on bid protests filed by 12 construction companies challenging the implementation of a February 4, 2022, Executive Order 14063 that mandated the use of project labor…more

Arbitrary and Capricious, Bid Protests, Biden Administration, CICA, Competition

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T. Michael Brown

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

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

CERCLA, Compliance, Coronavirus/COVID-19, Enforcement Guidance, Environmental Protection Agency (EPA)

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Mazie Bryant

Alabama CON Report - January 2025

I. Certificate of Need Program - A. Contested Case: AL2024-008, Southern Orthopaedic Surgery Center, LLC, Montgomery County, AL: Proposes to develop a freestanding, non-hospital-based, limited multi-specialty ambulatory…more

Alabama, Ambulatory Surgery Centers, Certificate of Need, Healthcare Facilities, Hospitals

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Alexis Buese

FCC Delays Key Part of New Consent Revocation Rule Until 2026

Last year, the FCC adopted new rules under the Telephone Consumer Protection Act (TCPA) designed to expand consumers’ rights to revoke consent to receive robocalls and text messages. As we noted in a prior post, these changes…more

Consent, FCC, Final Rules, New Rules, Opt-Outs

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Jason Bushby

Veterans Affairs Ending Mortgage Rescue Program

On April 3, 2025, the U.S. Department of Veterans Affairs (VA) announced it will end the Veterans Affairs Servicing Purchase (VASP) program on May 1, 2025. This decision comes just shy of one year since the program’s inception…more

Affordable Housing, Coronavirus/COVID-19, Department of Veterans Affairs, Financial Services Industry, Foreclosure

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Marc Bussone

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

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

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

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Beau Byrd

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

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

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

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P. Rodrigo Martinez Cabello

U.S. Tariffs on Steel and Aluminum: Navigating the Changing Landscape in 2025

The United States is actively using tariffs to achieve its economic and political goals. Whether or not you agree with this policy approach, as a participant in the global economy you had better pay careful attention to the…more

Aluminum Sales, Biden Administration, Contract Terms, Executive Orders, Imports

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Aaron Campbell

Effective Risk Management for Nursing Facilities: Insurance Insights on Retaliation Claims

This is the first in a series of articles addressing critical issues in risk management and insurance for skilled nursing facilities. Owners and operators of skilled nursing facilities know that a claim or lawsuit against…more

Damages, Healthcare, Insurance Claims, Insurance Industry, Insurance Litigation

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Hillary Campbell

Cannabis Day: Top 10 Weed Roundup of Budding Trends’ Trendiest Blog Posts of the Year

As the hallowed cannabis holiday for stoners-turned-business-entrepreneurs falls upon us, we find ourselves in the shifting sands of change in the cannabis industry as usual. Not surprisingly, many states have seen legislation…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries, Government Agencies

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Kevin Campbell

CMS Finalizes Redesign of Medicare Shared Savings Program - Healthcare Alert

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

ACOs, Applications, Benchmarking, CEHRT, Centers for Medicare & Medicaid Services (CMS)

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Leah Campbell

How the Trump Administration’s War on Cartels Will Reshape the Financial Sector

On March 11, 2025, the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) issued a Geographic Targeting Order (GTO) aimed at disrupting drug trafficking and money laundering along the southwestern border. The…more

Anti-Money Laundering, Cartels, Currency Transaction Reports (CTR), Enforcement Priorities, Financial Crimes

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A. Michelle Canter

GSEs Prepare for Losing LIBOR

With new guidance and model documents issued by Fannie Mae and Freddie Mac, the mortgage industry is several steps closer to operating without LIBOR. The industry has been grappling with the eventual demise of LIBOR since…more

Adjustable-Rate Mortgage, Alternative Reference Rates Committee (ARRC), Banking Sector, Fannie Mae, Freddie Mac

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Jared Caplan

OSHA Terminates COVID-19 Emergency Temporary Standard for Healthcare Workers

Is COVID-19 still a thing, and does OSHA care about it? Yes and yes. We all know that COVID-19 is still around. On the OSHA front, the agency seems to be focused less exclusively on COVID-19 and plans to take a broader approach…more

Final Rules, Health Care Providers, Healthcare, Healthcare Workers, OSHA

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Maria Carisetti

Negotiating solar contracts in uncertain times

As we begin 2022, the renewable energy industry in the United States has much for which to be thankful: A strong demand for clean power, increasing recognition of the need for an accelerated energy transition, and a thriving,…more

Clean Energy, Energy Projects, Energy Sector, Regulatory Requirements, Renewable Energy

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Philip Carroll III

Baldwin County Circuit Court Dismisses ADOR’s Appeal in Moody

Two weeks ago, the Baldwin County Circuit Court entered an order dismissing the Alabama Department of Revenue’s (ADOR) appeal from the February 2017 decision by the Alabama Tax Tribunal in Moody v. Alabama Department of Revenue,…more

Department of Revenue, Income Taxes, Overpayment, State and Local Government, State Tax Tribunals

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Adriante Carter

AI Meets HIPAA Security: Understanding HHS’s Risk Strategies and Proposed Changes

In this final blog post in the Bradley series on the HIPAA Security Rule notice of proposed rulemaking (NPRM), we examine how the U.S. Department of Health and Human Services (HHS) Office for Civil Rights interprets the…more

Artificial Intelligence, Business Associates, Cybersecurity, Data Privacy, Data Security

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Brett R. Carter

Deadline Extensions Possible for Expanded Retail Accountability Program

The rollout of the newly expanded Tennessee Retail Accountability Program is meeting with some opposition as the first reporting deadline under the 2015 changes in the program approaches. In response to these concerns, the…more

Automotive Industry, Deadlines, Department of Revenue, Food Manufacturers, Recordkeeping Requirements

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Julie Carter

First Federal Legislation Proposed Relating to Protection of Biometrics

Amidst privacy concerns and booming technological innovation, Sens. Roy Blunt (R-Mo.) and Brian Schatz (D-Hawaii) have introduced a bill proposed as the “Commercial Facial Recognition Privacy Act of 2019” (CFRPA) targeting…more

Biometric Information, Data Collection, Data Privacy, Employment Policies, Facial Recognition Technology

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David Cayce

Risk Management, Skilled Counsel Key in Renewable Energy

Renewable energy project developers and contractors must be prepared to negotiate novel risks in a quickly changing global market. Technological innovations in renewable energy equipment and decreasing procurement and…more

Compliance, Construction Project, Contractors, Energy Projects, Energy Sector

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R. Aaron Chastain

How Congress Can Stem Consumer Finance Law Uncertainty

With the 2024 election behind us and the 119th Congress now in session, the political climate has created an opportunity for meaningful statutory reforms of the federal consumer financial laws to become reality. The 119th…more

Administrative Procedure Act, Chevron Deference, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws

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P. Cyrus Chin

Guess Who’s Back? That’s Right – the CTA

Reporting Companies Are Now Required to Comply with the CTA by March 21, 2025 - The U.S. District Court for the Eastern District of Texas lifted the stay on enforcement of the Corporate Transparency Act’s reporting requirements…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Data Privacy, Enforcement Actions

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Jennifer Hoover Clark

Alabama CON Report - January 2025

I. Certificate of Need Program - A. Contested Case: AL2024-008, Southern Orthopaedic Surgery Center, LLC, Montgomery County, AL: Proposes to develop a freestanding, non-hospital-based, limited multi-specialty ambulatory…more

Alabama, Ambulatory Surgery Centers, Certificate of Need, Healthcare Facilities, Hospitals

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Justin Clark

FinCEN Exempts U.S. Entities from Reporting, but Uncertainty Remains

On March 21, 2025, the previous deadline to report Beneficial Ownership Information (BOI) to the Financial Crimes Enforcement Network (FinCEN) under the Corporate Transparency Act (CTA), FinCEN released an interim final rule…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Final Rules, FinCEN

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W. Rodney Clement

Liquidated Damages Clauses in Commercial Real Estate Contracts in Mississippi

Mississippi courts generally have found liquidated damages provisions in contracts for the sale and purchase of commercial real estate to be enforceable. The law in this area, however, is muddied by two factors. First, the…more

Breach of Contract, Commercial Contracts, Commercial Real Estate Market, Liquidated Damages, Purchase and Sale Agreements

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Ben Colalillo

IRA Update: Recent Regulations Potentially at Risk in Second Trump Administration

With the inauguration of President Donald Trump and the Republican Party taking control of both houses of Congress, the renewable energy industry is faced with great uncertainty, including the potential for immediate impacts on…more

Clean Energy, Congressional Review Act, Executive Orders, Final Rules, Inflation Reduction Act (IRA)

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James Collura

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

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

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

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Rachel Conry

A “Spirited” Supreme Court Decision on Liquor Laws Opens the Door for Alcohol Retailers to Expand Business across State Lines - Food, Beverage and Hospitality Alert

On June 26, 2019, the Supreme Court gave persons and companies wishing to open retail liquor stores a reason to raise a glass. By a vote of 7-2 in Tennessee Wine and Spirits Retailers Association v. Thomas, the court struck down…more

Alcohol Beverage Control, Anti-Competitive, Commerce Clause, Legitimate State Interest, Liquor Control Boards

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Timothy Cook

Willful Misconduct Defined, How Broad Is That Exception to Your MSA?

In Texas, most Master Service Agreements related to the oil and gas industry provide indemnities based on who or what was injured rather than who caused the injury. For example, the standard knock-for-knock indemnity will…more

Appeals, Construction Industry, Contract Terms, Exceptions, Indemnity Agreements

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Erik Coon

Don’t Overlook Your Subcontracts on Federal Projects

The Armed Services Board of Contract Appeals’ (“ASBCA or “Board”) decision in Fluor Intercontinental, Inc., serves as an important reminder to prime contractors to be cognizant of the clauses they include in subcontracts for…more

Armed Services Board of Contract Appeals, Construction Contracts, Construction Industry, Construction Project, Federal Acquisition Regulations (FAR)

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Maggie Johnson Cornelius

Reconsider the Ratio: SEC Acting Chair Calls Pay Ratio Rule into Question

Acting Chairman of the Securities and Exchange Commission Michael Piwowar recently told Bloomberg in an interview that, pending confirmation of President Trump’s successor for chair of the SEC, the commission was “not going to…more

CEOs, Conflict Mineral Rules, Dodd-Frank, Executive Compensation, Pay Ratio

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Robert Couch

FHFA Proposes Rule on Fannie Mae’s & Freddie Mac’s Duty to Serve Underserved Markets

Pursuant to the Housing and Economic Recovery Act of 2008, which amended the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, federal law requires the Federal National Mortgage Association (Fannie Mae) and…more

Affordable Housing, Fannie Mae, FHFA, Freddie Mac, Proposed Regulation

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Keith Covington

New Form I-9 Now Mandatory

Beginning November 1, 2023, employers must use the new Form I-9 (rev. date 08/01/23) to verify the work authorization of their employees. Although this new Form I-9 has been available since August, until now you could also use…more

Employer Liability Issues, Employment Eligibility Verification, Enforcement Actions, Form I-9, Hiring & Firing

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Stewart Cox

Lender Liability and False Claims Act Issues Under the Paycheck Protection Program

Among the most significant aspects of the CARES Act is the $660 billion small business forgivable loan program known as the Paycheck Protection Program (PPP), and it was perhaps inevitable that the administration of the program…more

Applications, Bank Secrecy Act, CARES Act, False Claims Act (FCA), Interim Rule

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William Cox III

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

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

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

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Anna Craft

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

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

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

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Britney Crawford

FHA Overhauls Appraisal Rules: Three Appraisal Policy Related Mortgagee Letters Rescinded

On March 19, 2025, the Federal Housing Administration (FHA) issued Mortgagee Letter (ML) 2025-08 titled “Rescinding Multiple Appraisal Policy Related Mortgagee Letters.” As the title suggests, FHA rescinded three mortgagee…more

Appraisal, Appraisers, Fair Lending, Federal Housing Administration (FHA), Lenders

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Michael Crum

SEC Adopts Regulation A+

Newly adopted exemption to securities registration requirements may offer new capital raising opportunities for developing companies - A company that seeks to raise capital by offering or selling securities to potential…more

Blue Sky Laws, Debt Securities, Equity Financing, Exemptions, JOBS Act

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Shundra Crumpton

Massachusetts Voters Approve Measure for Expanded Access to Vehicle Data

In a roller coaster of an election week, it was easy for smaller ballot measures to become overshadowed. One ballot measure that you may have missed is Massachusetts’s Ballot Question 1 regarding the “right to repair” motor…more

Ballot Measures, Data Collection, Motor Vehicles, New Legislation, Right to Repair

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Margaret Oertling Cupples

Offering family-friendly workplace policies is more than altruism — it’s an advantage

Offering flexible, family-friendly workplace policies isn’t just corporate altruism. It’s a way for savvy employers to reduce turnover and wasted training, ultimately improving businesses’ bottom line. Companies with…more

Employee Benefits, Employee Retention, Employer Liability Issues, Hiring & Firing, Wage and Hour

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Alé Dalton

Young Professionals – Using Online Platforms to Supercharge Your Practice

As a first generation professional and the first lawyer in my family, the prospect of building a professional network was incredibly daunting. I initially began engaging on social media and other online platforms in a…more

Business Development, Healthcare, Law Practice Management, Professional Development, Professional Networking

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Nicholas Danella

Health-Care Providers Still Stymied on Evidence Needed to Prove FCA Violation

Courts nationwide have struggled for years with the question of when a subjective opinion is false under the False Claims Act. The Supreme Court’s decision to deny review of two cases involving health-care providers that had…more

False Claims Act (FCA), Federal Contractors, Health Care Providers, Hospice, Petition for Writ of Certiorari

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Christine Spinella Davis

Policyholders Should Reject Insurers’ Misleading Narrative that Property Policies Do Not Cover COVID-19 Business Losses

Notwithstanding insurers’ transparent attempts to convince you otherwise, policyholders may very well have coverage for business interruption losses from COVID-19 under their property policies. Since the start of the pandemic,…more

Business Interruption, Business Losses, Commercial Insurance Policies, Coronavirus/COVID-19, Insurance Claims

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Colin Dean

Department of Education Announces Overhaul of Federal Student Loan System

On Friday, Secretary of Education Betsy DeVos announced a plan by the Department of Education to award its entire student loan servicing portfolio to a single company – down from its current roster of nine. The Department of…more

Consumer Financial Products, Department of Education, Federal Student Loans, Financial Services Industry

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Matthew DeAntonio

LADR Case Notes (August 2022-October 2022) and FLJ Currents (Winter 2023)

A gym franchisor recently secured a preliminary injunction against its former franchisee prohibiting the franchisee from operating an independent gym on the same location and using the franchisor’s trade secrets. Chris…more

Breach of Contract, Franchise Agreements, Franchisee, Franchisors, Intellectual Property Litigation

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Samuel Dearstyne

New ABC Rules in North Carolina Affect Liquor Licenses, Day-to-Day Operations - Food, Beverage and Hospitality Alert

There are no bars in North Carolina. No, it’s not the beginning to a country song. What most people consider a “bar,” the North Carolina Alcoholic Beverage Control Commission deems a private club. But that is about to…more

Alcohol Beverage Control, Hospitality Industry, Internal Revenue Code (IRC), Licensing Rules, Liquor Control Boards

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Ty Dedmon

Bracing For A Generative AI Revolution In Law

The power and the peril of generative AI has been one of the most talked- about topics in legal circles since ChatGPT's explosion into public conscience in late 2022. The arrival of generative AI into our world is now a…more

Artificial Intelligence, Automated Systems, Bots, e-Discovery Professionals, Information Governance

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R. Alan Deer

De Novo Banks on the Rise

From 2000 to 2007—the seven years leading up to the recent financial crisis—the FDIC received more than 1,600 applications for deposit insurance, an average of more than 200 per year. More than 1,000 new banks ultimately were…more

Banking Sector, Banks, Deposit Insurance, FDIC, Financial Institutions

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Brandon Demyan

President Biden Signs Inflation Reduction Act – What This Will Mean for Clean Energy and Manufacturing

On August 16, 2022, President Biden signed into law H.R. 5376, referred to as the Inflation Reduction Act (IRA). The nearly $369 billion of new spending is intended to transform entire sectors of the American economy and will…more

Biden Administration, Clean Energy, Energy Projects, Inflation Reduction Act (IRA), Investment Tax Credits

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Michael Denniston

FTC Moves to Strike Most Noncompetes: Considerations for Cannabis Companies

As Bradley previously reported, the Federal Trade Commission at the beginning of last year issued a notice of proposed rulemaking to effectively ban employee noncompete provisions as an unfair method of competition in violation…more

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Lesley Smith DeRamus

Proposed American Bar Association Resolution Could Affect Auto Dealers

The American Bar Association’s (ABA) Civil Rights and Social Justice Section, State and Local Government Law Section, and Commission on Homelessness and Poverty has proposed a resolution affecting automobile dealers that will be…more

American Bar Association (ABA), Anti-Discrimination Policies, Automotive Loans, Car Dealerships, ECOA

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Halle Diaz

False Claims Act - 2022 Year in Review

In 2022, the False Claims Act (FCA) continued to be the federal government’s chief tool for combatting fraud. Many trends in recent years were likewise present in 2022: robust FCA enforcement generally, healthcare as the prime…more

Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud

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Kyle Doiron

Arbitration or Court for Construction Disputes: The Pros and Cons

Many construction contracts used in the industry include clauses mandating that any disputes be decided by binding arbitration rather than a jury or bench trial. The standard AIA forms provide the parties with the option of…more

Arbitration, Arbitration Agreements, Construction Contracts, Construction Disputes, Construction Industry

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Monica Wilson Dozier

Calling All Apprentices: National Guidelines for Apprenticeship Standards Approved by DOL for Renewable Energy Projects

Nearly two and a half years after the Inflation Reduction Act of 2022 (IRA) became law, developers and contractors continue to adjust to the new normal for renewable energy projects: compliance with prevailing wage and…more

Apprenticeships, Construction Industry, Department of Labor (DOL), Energy Projects, Inflation Reduction Act (IRA)

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Alexandra Dugan

Consumer Advocate Appointed New Director of Justice Department’s U.S. Trustee Program

The Director of the Justice Department’s U.S. Trustee Program (USTP), which oversees the administration of bankruptcy cases, is about to change for the first time in nearly 20 years. Clifford White will be stepping down from the…more

Chapter 11, Chapter 13, Consumers, Creditors, Debtors

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Jeffrey Dyess

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

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

Confidentiality Agreements, Enforcement, Federal Trade Commission (FTC), NLRA, NLRB

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Hallman Eady

A Commentary On the Viability of Insured Attorney Opinion Letters as an Alternative To Title Insurance

With Fannie Mae, Freddie Mac and others embracing attorney opinion letters (AOLs) as an alternative to title insurance for residential mortgages, Bradley’s Title Insurance Claims & Title Defect Curative Practice Group took a…more

Banking Sector, Fannie Mae, Financial Services Industry, Freddie Mac, Mortgage Servicers

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Joel Eckert

Class Certification Issues In O’Bannon v. NCAA

In This Presentation: - Important Players - Underlying Lawsuit - Procedural Pre-Class Certification - Class Certification Issues - Aftermath and Trial - Recent Developments -…more

Athletes, Class Action, Class Certification, College Athletes, License Agreements

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Andrew Elbon

HHS’s Proposed Security Rule Updates Could Require Group Health Plan Document Changes and New Plan Sponsor Security Practices

Proposed regulations may require employers to invest additional resources to safeguard group health plan participants’ protected health information. In this installment of our blog series on the U.S. Department of Health and…more

Benefit Plan Sponsors, Business Associates, Cybersecurity, Data Privacy, Data Security

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Charles Elder

“Hipster Antitrust” Movement Takes Center Stage in Congress

On Wednesday, July 29, 2020, the House Judiciary Committee’s antitrust subcommittee held a widely publicized hearing in which representatives questioned CEOs from Amazon, Apple, Facebook and Google about allegedly…more

Amazon, Anticompetitive Behavior, Apple, CEOs, Congressional Committees

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Bruce Ely

Mobile Workforce/Remote Worker Legislation Could Impact Your Business

Well-respected House Ways & Means-Education Committee Chair Danny Garrett (R-Trussville) has introduced HB 379, a bill designed to provide guidelines and a safe harbor for employers who have traveling employees or remote…more

Employee Mobility, Employees, Employer Liability Issues, Employer Responsibilities, Income Taxes

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Ronald Espinal

Damages in Construction Claims: Are “Actual Costs” Actually Required?

The golden standard for the measure of damages in a construction case alleging defective or incomplete work are the actual costs of completion or repair. That is to say, if there is a breach (or multiple breaches) of quality or…more

Actual Costs, Construction Defects, Construction Disputes, Construction Industry, Construction Litigation

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Tabitha Etlinger

Be Prepared: How to Avoid the Super-Priority Trap

Benjamin Franklin once said, “By failing to prepare, you prepare to fail.” Servicers can face significant obstacles in preservation of their rights vis a vis assessments by homeowners’ associations and condo associations (a…more

Condominium Associations, Homeowners Association (HOA), Liens, Mortgage Lenders, Super Priority

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Diana Evans

To AI or Not to AI? The Use of AI in Employment Decisions

Even just a few years ago, the concept of using artificial intelligence (AI) in everyday life was a novel, if somewhat intimidating, concept. But from Google’s AI overview to Microsoft’s Copilot, many of us use AI daily to help…more

Artificial Intelligence, Department of Labor (DOL), Employer Liability Issues, Employment Discrimination, Employment Policies

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R. David Evans

CMS Finalizes Stark Law Changes in CY 2016 Medicare Physician Fee Schedule Final Rule

This past July, on the heels of a decision in which a judge for the U.S. Court of Appeals for the Fourth Circuit characterized the federal physician self-referral prohibition commonly known as the “Stark Law” as, “even for…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Physician Fee Schedule, Stark Law

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Rico Falsone

False Claims Act: 2024 Year in Review

Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2024 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends. In…more

Anti-Kickback Statute, Cybersecurity, Damages, Department of Justice (DOJ), False Claims Act (FCA)

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Ian Faria

It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory Parents

A novel question arose over the past few years in residential construction law as to whether minors were subject to the contractual provisions in their parents’ purchase or construction contract. The contract typically has a…more

Appeals, Arbitration, Construction Contracts, Construction Defects, Construction Disputes

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J. Daniel Feltham Jr.

Congress Overhauls Excise Taxes for Alcohol Producers

Brewers, vintners and distillers across the country raised their glasses as Congress passed the Tax Cuts and Jobs Act and, with it, the Craft Beverage Modernization and Tax Reform Act of 2017. The Craft Beverage Tax Reform Act…more

Beer, Beverage Manufacturers, Breweries, Excise Tax, New Legislation

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Elizabeth Ferrell

Insider Threat Program Awareness Training Deadline - Cybersecurity and Privacy Team Alert

In May 2016, the Under Secretary of Defense for Intelligence issued a requirement for cleared government contractors to establish an “insider threat program” (ITP) to better protect national security networks from cybersecurity…more

Cyber Threats, Cybersecurity, Defense Sector, Federal Contractors, National Security

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Jonathan Ferry

The False Claims Act in 2024: A Government Enforcement Update

This past year, the False Claims Act (FCA) continued to be a key tool for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector. The Justice Department…more

Compliance, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Financial Services Industry

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Michael Fischer

Justice Department Imposes $3.5 Million Civil Penalty, Strict Conditions Over Gun-Jumping Allegations

Earlier this month, the Department of Justice (DOJ) Antitrust Division filed a consent decree fining venue management firm Legends Hospitality $3.5 million over allegations that Legends improperly coordinated with an acquisition…more

Antitrust Division, Civil Monetary Penalty, Department of Justice (DOJ), Gun-Jumping, Hart-Scott-Rodino Act

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Robert Flowers

CFPB Issues Final Rule Implementing Section 1033 of Dodd-Frank Act

On October 22, 2024, the Consumer Financial Protection Bureau (CFPB) finalized its long-anticipated rule implementing Section 1033 of the Dodd-Frank Act. The 594-page final rule arrives nearly one year after the CFPB’s proposed…more

Banks, Compliance, Consumer Financial Protection Bureau (CFPB), Credit Cards, Data Collection

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Robert Ford

Everything You Need to Know (And Probably Don’t) About Covenants Not to Compete - Louisiana

The next state in our series exploring non-compete agreements is Texas’ neighbor to the east, Louisiana. As I like to say, when you travel east and cross the Sabine River from Texas to Louisiana all the words change but the…more

Attorney's Fees, Blue Pencil Contract Modification, Consideration, Damages, Debt Collectors

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Jason Fortenberry

Mississippi Passes New Retainage Law Governing Private Construction Jobs

Construction contracts for private projects will soon be subject to a new retainage law in Mississippi. On April 19, 2024, Gov. Tate Reeves approved SB 2762 into law, and after July 1, 2024, most construction contracts on…more

Construction Contracts, Construction Industry, Construction Project, Contract Interpretation, Contractors

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R. Sumner Fortenberry

Don’t Hide the Money: Supreme Court Allows Civil Racketeering Claim to Proceed in Foreign Arbitration Context

If you’ve ever seen the popular film Goodfellas, you might have heard of the infamous Racketeer Influenced and Corrupt Organizations Act. It’s usually referred to by its acronym, “RICO,” and was designed to punish a laundry list…more

Arbitration, Enforcement, Foreign Arbitral Awards, International Arbitration, RICO

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Daniel Fortune

False Claims Act: 2024 Year in Review

Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2024 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends. In…more

Anti-Kickback Statute, Cybersecurity, Damages, Department of Justice (DOJ), False Claims Act (FCA)

See all updates »

Eric Frechtel

Understanding the FEMA 50% Rule

Following Hurricanes Helene and Milton, impacted homeowners have received correspondence from their local building officials notifying the homeowners that their property is affected by the 50% Rule. Sometimes these are referred…more

FEMA, Flood Insurance, Flooding, Hurricane Season, Insurance Claims

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Stuart Frentz

July 2017 Federal Tax Alert – New Partnership Audit Regulations

The U.S. Treasury Department and the Internal Revenue Service (“IRS”) recently reissued 277 pages of proposed regulations and a preamble (REG-136118-15) regarding the new centralized partnership audit rules enacted as part of…more

Bi-Partison Balanced Budget Act (BBA), Internal Revenue Code (IRC), IRS, Limited Liability Company (LLC), Partnerships

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Linda Friedman

CFPB Releases TRID Guidance for Juneteenth National Independence Day

Late last week, the Consumer Financial Protection Bureau (CFPB) released an interpretive rule that provided much-welcome guidance related to the effect of the new Juneteenth National Independence Day on disclosure waiting…more

Banking Sector, Biden Administration, Consumer Financial Protection Bureau (CFPB), Disclosure Requirements, Financial Institutions

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Stephen Fritz

George Washington’s Whisky Distillery, 21st Century Edition

You might think the laws of King Edward I of England (1239-1307), George Washington’s whisky distillery, and an 1807 “Treatise on the Law of Idiocy and Lunacy” have little to do with the federal criminal code of 2024. And you…more

Ammunition, Appeals, Cannabis Products, Code of Federal Regulations (CFR), Connelly v United States

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Graham Gerhardt

FTC Imposes $110 Million Fine Against Payment Facilitator and Its Executives

Payment processor/facilitator Allied Wallet, its CEO, and two other corporate officers, recently agreed to settle Federal Trade Commission (FTC) charges that they assisted or knowingly processed fraudulent transactions for…more

Civil Monetary Penalty, Corporate Misconduct, Debit and Credit Card Transactions, Enforcement Actions, Federal Trade Commission (FTC)

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Ralph Germany Jr.

The Good, the Bad, and the Board Minutes: Mississippi Court Says Public Bodies Must Fully Explain Why Lowest and Best Bidder Is a Better Choice Than the Lowest Bidder

Contractors know when they bid a public job that it’s the lowest and best bidder that will ultimately come out on top. Contractors and public bodies also know that when a public body rejects the lowest bid, it needs to explain…more

Appeals, Bid Protests, Bids, Construction Contracts, Construction Industry

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Giovanni Giarratana

False Claims Act: 2024 Year in Review

Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2024 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends. In…more

Anti-Kickback Statute, Cybersecurity, Damages, Department of Justice (DOJ), False Claims Act (FCA)

See all updates »

Joseph Gibbs

Tax Cuts and Jobs Act Taxes Some Incentives - ACREL News & Notes

Section 118 provides “[i]n the case of a corporation, gross income does not include any contribution to the capital of the taxpayer.” The regulations promulgated under Section 118 under prior law provide, with respect to…more

Capital Contributions, Corporate Taxes, Income Taxes, Internal Revenue Code (IRC), IRS

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Brian Gillett

Converting a Corporation into an LLC Can Lead to Unintended Consequences: Don’t Convert to an LLC Without Careful Advance Planning

Corporations and LLCs both provide their shareholders and members with limited liability to operate a for-profit business, and while these two forms of business entities are similar in many ways, they also have some important…more

Business Ownership, Corporate Conversions, Corporate Counsel, Corporate Entities, Corporate Governance

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Lee Gilley

CFPB Releases Final Rule Establishing Supervisory Authority Over Large Digital Payment Providers

On Thursday, November 21, 2024, the Consumer Financial Protection Bureau (CFPB) published a final rule that will soon provide it with supervisory authority over large companies in the general-use digital consumer payment…more

Compliance, Consumer Financial Protection Bureau (CFPB), EFTA, Final Rules, Mobile Payments

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Gray Gilmore

Alabama Supreme Court Upholds Legality of Mandated Borrower Payments During Foreclosure Litigation

The Alabama Supreme Court’s recent ruling in Coan v. Championship Property, LLC has significant implications for mortgage lenders, servicers, and foreclosure sale purchasers. The decision settles a contested issue: May trial…more

AL Supreme Court, Borrowers, Foreclosure, Mortgage Lenders, Mortgage Servicers

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Jake Gipson

Work Hard, Play Hard: Third Circuit Establishes Test for Analyzing Employee Status of NCAA College Athletes Under FLSA

The landscape of college sports is undergoing rapid transition, driven by significant changes such as the advent and growth of name, image, and likeness (NIL) rights for college athletes and the House v. NCAA proposed…more

College Athletes, Employees, Employment Litigation, Fair Labor Standards Act (FLSA), Litigation Strategies

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Jessica Kramer Givens

Oil and Gas Industry Concerned about EPA’s Proposed Methane Emissions Rules

On August 18, 2015, the EPA released proposed rules aimed at reducing methane and other volatile organic compound (VOC) emissions in the oil and natural gas industry. In January 2015, the EPA stated its goal to decrease methane…more

Environmental Protection Agency (EPA), Greenhouse Gas Emissions, Methane, New Source Performance Standards (NSPS), Oil & Gas

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N. Chris Glenos

Distressed Long Term Care Assets: A Lender’s Perspective

Loan defaults and financial distress among long term care (LTC) facilities, such as skilled nursing facilities (SNFs), assisted living facilities (ALFs) and memory care facilities, are on the rise. The COVID-19 pandemic has…more

Assisted Living Facilities (ALFs), Coronavirus/COVID-19, Creditors, Default, Financial Distress

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Ben Glicklich

Securities and Exchange Commission Issues New Universal Proxy Rules

Recent changes in the Securities and Exchange Commission (SEC) proxy rules will give shareholders the ability to vote for directors like never before. The new rules will require companies to provide universal proxy cards to…more

Board of Directors, Corporate Governance, Disclosure Requirements, Filing Deadlines, Investment Company Act of 1940

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Glenn Glover

No Nationwide Class Action for Violation of the Bankruptcy Discharge Injunction

The Second Circuit’s recent decision in Bruce v. Citigroup, Inc., 2023 WL 4919496, at *1 (2nd Cir. Aug 2, 2023) appears to be the second Circuit Court of Appeals (joining the Fifth Circuit) to specifically hold that a plaintiff…more

Appeals, Bankruptcy Discharge Order, Class Action, Injunctions, SCOTUS

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Stephanie Goldfeld

Federal Layoffs and the Future of Labor Disputes – Understanding the Effects of the Recent Cuts to the Federal Mediation and Conciliation Service

Federal layoffs have been a focal point of President Trump’s administration, drawing both strong support and opposition. On March 15, Trump issued an executive order directing seven federal agencies to make workforce cuts. Among…more

Arbitration, Department of Labor (DOL), Dispute Resolution, Executive Orders, Federal Labor Laws

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Anne Miles Golson

From the Alabama Lawyer - Mixed Signals

Introductory signals, according to The Bluebook, help legal writers “organiz[e] authorities and show how authorities support or relate to a proposition given in the text.” In a perfect world, The Bluebook would be easy to…more

Content Strategy, Law Firm Associates, Law Firm Partners, Legal Writing, Litigation Strategies

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John Goodman

When Is “Yours” Not Yours? Pennsylvania Superior Court Interprets “Your Computer” Definition in Commercial Property Policy

Sometimes defining the simplest phrases proves anything but simple. So learned the insurer in a property loss and bad faith case brought by its insured and decided earlier this year by the Pennsylvania Superior Court (Watchword…more

Application Programming Interface (APIs), Commercial Property Owners, Insurance Industry

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John Mark Goodman

Court Affirms $1.6B Judgment in Bahamas Mega Project Dispute

A New York appeals court has affirmed a $1.6 billion award for the developer of a Bahamas mega project against various subsidiaries of China State Construction Engineering Corporation, the world’s largest construction company by…more

Appeals, Appellate Courts, Bahamas, Breach of Contract, China

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William Goodman III

US Environmental Protection Agency Opens Criminal Investigation into Herbicide Spraying

According to articles in Missouri newspapers and other news outlets, federal agents recently executed search warrants in several counties in Missouri to probe possible criminal violations of the Federal Insecticide, Fungicide,…more

Criminal Investigations, Environmental Protection Agency (EPA), FIFRA, Genetically Engineered Seed, Off-Label Use

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Nathan Graham

Status of Public Private Partnerships in Texas

In recent years, the state of Texas jumped headlong into public-private partnerships in a variety of different arenas. Often called PPP, 3P or P3, this delivery method has rapidly become the go-to avenue for delivering projects…more

Construction Project, Department of Transportation (DOT), Highways, Infrastructure, Public Private Partnerships (P3s)

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Lauren Green

"Keep Texas Beautiful" and Safe from Workplace Violence

Texas recently enacted a new Workplace Violence Prevention law to protect healthcare employees from violence in Texas healthcare facilities. Texas also implemented a complementary notice requirement applicable to all Texas…more

Employees, Employer Liability Issues, Health and Safety, Healthcare Facilities, Healthcare Workers

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Nathaniel Greeson

Tariff-Driven Cost Increases: Can Federal Contractors Recover Through REAs?

Federal government contractors operating in today’s volatile global trade environment are no strangers to sudden and sometimes dramatic shifts in material costs. With tariffs periodically imposed or adjusted by executive action,…more

Contract Disputes, Contract Terms, Federal Acquisition Regulations (FAR), Federal Contractors, Government Agencies

See all updates »

Timothy Gregg

Reconsider the Ratio: SEC Acting Chair Calls Pay Ratio Rule into Question

Acting Chairman of the Securities and Exchange Commission Michael Piwowar recently told Bloomberg in an interview that, pending confirmation of President Trump’s successor for chair of the SEC, the commission was “not going to…more

CEOs, Conflict Mineral Rules, Dodd-Frank, Executive Compensation, Pay Ratio

See all updates »

Katherine Griffin

Vax Requirement Sacked in TN: Medicare Providers Lose Exemption from COVID-19 Laws

The federal government says healthcare employers can soon stop requiring employees to get the COVID-19 vaccine. Yes — the U.S. Department of Health and Human Services Centers for Medicare & Medicaid Services (CMS) is sunsetting…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Employer Mandates, Exemptions

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Michael Griffin

You Posted What?! Considerations for Employers’ Social Media Policies in 2025 | Insights & Events

Whether or not the TikTok ban is upheld following the January 10, 2025, oral arguments in front of the Supreme Court, employers should be aware of some social media trends stemming from the app that are here to stay. As social…more

Confidential Information, Data Privacy, Data Protection, Employee Rights, Employer Liability Issues

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T. Parker Griffin Jr.

The Eleventh Circuit has spoken: “Debtors who surrender property must get out of the creditor’s way”

In recent years, there has been a hotbed of litigation across the nation, particularly in Florida state and bankruptcy courts, regarding a debtor’s ability to contest a secured creditor’s foreclosure notwithstanding the debtor’s…more

Abandoned Property, Affirmative Defenses, Appeals, Bankruptcy Code, Chapter 7

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Tony Griffin

DOL Tones Down White-Collar Exemption Regulations, But Millions Still Affected

Receiving over 270,000 comments must have impressed the U.S. Department of Labor (DOL) to the point that it scaled back the provisions originally stated or hinted at in the proposed rules, with final rules issued May 18 that go…more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Minimum Salary, Public Comment, Wage and Hour

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Christopher Grissom

Alabama Department of Revenue Panel Discusses Key Administrative Developments

As part of the annual meeting of the Alabama State Bar Tax Section held in Montgomery on August 16, representatives from the Alabama Department of Revenue (ALDOR) provided a helpful update on some key legislative and…more

Alabama, Audits, Department of Revenue, New Guidance, Reporting Requirements

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Justin Gunter

Struck by CrowdStrike Outage? Your Business Loss Could Be Covered

Over the last week, organizations around the globe have struggled to bring operations back online following a botched software update from cybersecurity company CrowdStrike. As the dust settles, affected organizations should…more

Analytics, Business Losses, Cyber Insurance, Cybersecurity, Documentation

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Melissa Gutierrez

Landlords Again Successfully Challenge the CDC’s Authority to Ban Residential Evictions

Earlier this year, the Eastern District of Texas invalidated — commerce clause grounds — the Centers for Disease Control and Prevention’s (CDC’s) ability to halt residential evictions during the COVID-19 pandemic. Subsequently,…more

CARES Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, Landlords

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Kelley Hails

CFPB Action Against Student Loan Originator Sends Message to Income Share Agreement Industry

On September 7, 2021, the CFPB issued a consent order against Better Future Forward, Inc., and related entities (collectively, BFF), companies that provide financing for postsecondary education to students via income share…more

Consent Order, Consumer Financial Products, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Enforcement Actions

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Matthew Hall

Sunscreen Is Not the Only Key to Avoid Getting Burned This Summer: The Importance of a Mid-Year Review of Your Insurance Policies

Summertime. The kids are getting out of school. Maybe you have a vacation planned. Down here in Florida, we make early preparations for the annual “it’s going to be the worst hurricane season on record” reports..…more

Business Interruption, Hurricane Season, Insurance Claims, Insurance Industry, Natural Disasters

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Stephen Hall

The Upcoming “Patent Cliff”: Plan to File New Patent Applications Before March 16, 2013

On March 16, 2013, one of the most important and controversial provisions of the “Leahy-Smith America Invents Act,” or AIA, is scheduled to take effect and this event will mark a significant change in United States patent filing…more

America Invents Act, First-to-File, First-to-Invent, Patent Reform, Patents

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Erik Halvorson

Tennessee Supreme Court Clarifies Standing Law and Eliminates Wrongful Foreclosure as a Cause of Action in a Big Win for Mortgage Industry

Bradley scored a significant victory in the Tennessee Supreme Court on November 14, 2024. In a long-awaited decision, the Tennessee Supreme Court clarified a long-standing inconsistency in Tennessee law with its opinion in Terry…more

Appeals, Bankruptcy Trustees, Breach of Contract, Cause of Action Accrual, Consumer Bankruptcy

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Anna Hamel

Court Rejects Application of Flood Exclusion to Hurricane Rainfall

As the Atlantic hurricane season reaches its peak in September, bringing with it rainfall and flooding, a recent New Jersey court held a sewer overflow resulting from rainfall was not caused, directly or indirectly, by a flood…more

Causation, Exclusions, Flood Insurance, Flooding, Hurricane Season

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Christian Hancock

FHFA Has Fraud on Its Mind

In recent days, Federal Housing Finance Agency (FHFA) Director Bill Pulte has made it clear that he believes fraud is a rampant problem at FHFA. In a stream of related activities, Pulte has called on the public to report fraud…more

Borrowers, Employees, Enforcement Actions, Fannie Mae, FHFA

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Mary Nobles Hancock

Latest Changes to ISS and Glass Lewis Proxy Voting Guidelines

Institutional Shareholder Services (ISS) and Glass Lewis, two leading proxy advisory firms, recently announced updates to their U.S. proxy voting policies in advance of the 2025 proxy and annual meeting season. Public companies…more

Artificial Intelligence, Board of Directors, Corporate Governance, Environmental Social & Governance (ESG), Executive Compensation

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Mark Hanley

2019 Employment Update and Predictions: What's Hot and What's Not - Labor & Employment Newsletter

Now that 2018 is winding down, the mid-term elections are behind us, and Brett Kavanaugh has been confirmed as the newest Associate Justice to the United States Supreme Court, it is time for me to make my 2019 predictions for…more

Employee Benefits, Employer Liability Issues, Employment Litigation, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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Sarah Clark Hannah

Laying the Foundation for Success: Structuring the Board of Directors in a Family-Owned Business

The board sets the overall strategy and policies of the company, so your corporate governance foundation starts with structuring the board of directors. As the overall governing body, the board elects the officers of the…more

Board of Directors, Corporate Governance, Corporate Structures, Family Businesses

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Jay Hardcastle

2017 – The Health Law Year in Review

Uncertain. What better word to describe a year in which a new administration came to power and began to chart a new course for health policy, the fate of the Affordable Care Act (ACA) hung in the balance, and courts grappled…more

Affordable Care Act, Alternative Payment Models (APM), Cooperative Compliance Regime, Department of Justice (DOJ), Electronic Health Record Incentives

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John Hargrove

NLRB’s General Counsel Initiatives Trumped: Here We Go Again with Dramatic Shifts in Labor Law

As the mainstream media has reported, President Trump is firing everyone he can (and maybe some he can’t) at the National Labor Relations Board. On day one, the president fired the NLRB’s general counsel, Jennifer Abruzzo, a…more

Employee Rights, Employer Liability Issues, Employment Litigation, Hiring & Firing, Labor Reform

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Jonathan (Jack) Harrington

How the Trump Administration’s War on Cartels Will Reshape the Financial Sector

On March 11, 2025, the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) issued a Geographic Targeting Order (GTO) aimed at disrupting drug trafficking and money laundering along the southwestern border. The…more

Anti-Money Laundering, Cartels, Currency Transaction Reports (CTR), Enforcement Priorities, Financial Crimes

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Abigail Harris

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

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

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

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C. Meade Hartfield

CFPB and DOJ Caution Auto Industry on SCRA Protections

Auto finance companies and others in the auto space should take note of a recent joint letter issued by the Consumer Financial Protection Bureau (CFPB) and Department of Justice (DOJ) about the legal protections under the…more

Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), Repossess, Servicemembers Civil Relief Act (SCRA)

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Judd Harwood

Telehealth Services During the COVID-19 Response: New Options for Patient Access and Outreach

The U.S. Department of Health and Human Services (HHS) has issued several waivers applicable to the provision of telehealth services during the COVID-19 emergency period. Some of these waivers expand Medicare coverage and help…more

Coronavirus/COVID-19, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Public Health Emergency, Relief Measures

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Tripp Haston

Pulling Back the Curtain: Moving Toward Disclosure of Third-Party Funding in Litigation - Who's Who Legal

Civil litigation, once a realm confined to rules-based conflict resolution between adverse parties, has become profitable commerce in the US. Where commerce thrives, investors looking for healthy returns follow. Unlike other…more

Class Action, Client Services, Consumer Financial Protection Bureau (CFPB), Disclosure Requirements, Litigation Fees & Costs

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Brian Hayles

Justice Department Imposes $3.5 Million Civil Penalty, Strict Conditions Over Gun-Jumping Allegations

Earlier this month, the Department of Justice (DOJ) Antitrust Division filed a consent decree fining venue management firm Legends Hospitality $3.5 million over allegations that Legends improperly coordinated with an acquisition…more

Antitrust Division, Civil Monetary Penalty, Department of Justice (DOJ), Gun-Jumping, Hart-Scott-Rodino Act

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Madison Crooks Haynes

Alabama Legislature Renews Growing Alabama Act and Alabama Jobs Act

On February 12, 2021, Alabama Gov. Kay Ivey signed legislation, House Bill 192 (HB192), renewing the Growing Alabama Act and the Alabama Jobs Act, which both expired last year. Both programs are vital to Alabama’s ability to…more

Governor Ivey, Legislative Agendas, New Legislation, State and Local Government, State Legislatures

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Ryan Hedstrom

Hodl or Fold? The Insurance and Liability Minefield of Bitcoin for Business

Cryptocurrency isn’t just for tech startups and X (formerly Twitter) enthusiasts anymore. Mainstream corporations are increasingly forced to consider Bitcoin—the undisputed “king” of crypto—and other investments into digital…more

Bitcoin, Corporate Governance, Cryptocurrency, Cybersecurity, D&O Insurance

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Katherine Henry

Effective Risk Management for Nursing Facilities: Insurance Insights on Retaliation Claims

This is the first in a series of articles addressing critical issues in risk management and insurance for skilled nursing facilities. Owners and operators of skilled nursing facilities know that a claim or lawsuit against…more

Damages, Healthcare, Insurance Claims, Insurance Industry, Insurance Litigation

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K. Wood Herren

Aircraft Purchase, Ownership and Operation: Protecting the Interests of a Family Business Owner – Part 4

As noted in Part 1 of this series, owners of private aircraft will often want to share ownership and/or use of their aircraft with others. In most cases the motivation for sharing ownership and/or use of an aircraft is to defray…more

Aircraft, Aircraft Financing, Aviation Industry, Business Ownership, Federal Aviation Administration (FAA)

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Rudy Hill

Work Hard, Play Hard: Third Circuit Establishes Test for Analyzing Employee Status of NCAA College Athletes Under FLSA

The landscape of college sports is undergoing rapid transition, driven by significant changes such as the advent and growth of name, image, and likeness (NIL) rights for college athletes and the House v. NCAA proposed…more

College Athletes, Employees, Employment Litigation, Fair Labor Standards Act (FLSA), Litigation Strategies

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Charles Hill III

House Bill 59, Alabama Reinvestment and Abatements Act, Expands Alabama Abatements Significantly

The Alabama Reinvestment and Abatements Act, HB59, Act No. 2015-24 (the “Act”), makes several changes to Alabama abatement law and expands the list of industries and types of projects that are eligible for those abatements…more

Abatement, Pending Legislation, Tax Abatement

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Matthew Hinshaw

President Biden Signs Inflation Reduction Act – What This Will Mean for Clean Energy and Manufacturing

On August 16, 2022, President Biden signed into law H.R. 5376, referred to as the Inflation Reduction Act (IRA). The nearly $369 billion of new spending is intended to transform entire sectors of the American economy and will…more

Biden Administration, Clean Energy, Energy Projects, Inflation Reduction Act (IRA), Investment Tax Credits

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Stephen Hinton

Latest Changes to ISS and Glass Lewis Proxy Voting Guidelines

Institutional Shareholder Services (ISS) and Glass Lewis, two leading proxy advisory firms, recently announced updates to their U.S. proxy voting policies in advance of the 2025 proxy and annual meeting season. Public companies…more

Artificial Intelligence, Board of Directors, Corporate Governance, Environmental Social & Governance (ESG), Executive Compensation

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Ladd Hirsch

Spring Fever for Private Company Investors: Avoid Investing When Red Flags Are Discovered in the Company’s Garden

We have been enjoying a nice spring in Dallas – moderate temperatures, not too much rain and mostly sunny skies. In the investing world, these conditions signal that the time is ripe for a private company investment. But just as…more

Business Ownership, Due Diligence, Investors, Majority Shareholders, Minority Shareholders

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Steven Hix

North Carolina Supreme Court: Government-ordered business closures during COVID-19 lockdowns constitute 'direct physical loss' under insurance policy lacking virus exclusion

Steven Hix and G. Benjamin Milam of Bradley discuss a pair of recent North Carolina Supreme Court rulings on coverage for pandemic-related losses, one of which gave policyholders a rare win. On December 13, the North…more

Business Closures, Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Denial of Insurance Coverage

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Dexter Hobbs Jr.

Alcohol Delivery and Shipments in Alabama

Merle Haggard famously sang “I Think I’ll Just Stay Here and Drink.” For decades, Alabama’s dated alcohol rules made that easier said than done in the Yellowhammer State, as alcohol delivery was prohibited and wine shipments…more

Alabama, Direct to Consumer Sales, Distribution Rules, New Legislation, Shipping

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Elizabeth Hobbs

2023 Update on Alabama Alcohol Laws

Rome wasn’t built in a day. Patience is a virtue. Pick your cliché to describe the glacial, but perceptible pace of the evolution of Alabama’s alcohol rules. There were a number of changes to alcohol laws in the most recent…more

Alabama, Alcohol Beverage Control, Business Licenses, Hospitality Industry, Liquor Licences

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Jon Paul Hoelscher

Texas Update: HB 1578 – Attorney’s Fees - Construction and Procurement Law News, Q3 2021

Effective September 1, 2021: HB 1578 closes the loophole of the previous version of Chapter 38 of the Texas Civil Practice & Remedies Code so that parties will be able to recover attorneys’ fees from LLCs, LLPs, LPs, or other…more

Attorney's Fees, Breach of Contract, Business Entities, Civil Code, Construction Contracts

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Stephanie Hoffmann

Federal Agencies Release Interim Final Rule to Implement the No Surprises Act

Today, the Departments of Health and Human Services (HHS), Labor, and Treasury (the Departments) published an interim final rule (the Interim Final Rule) implementing certain provisions of the No Surprises Act,[1] which aims to…more

Consent, Cost-Sharing, Department of Health and Human Services (HHS), Department of Labor (DOL), Disclosure Requirements

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Lela Hollabaugh

NGA Explicitly Strips Jurisdiction, So Decision in Bohon v. FERC Reinstated

On February 13, 2024, the United States Court of Appeals for the District of Columbia Circuit once again rejected a challenge to the Federal Energy Regulatory Commission’s (FERC) decision to award a Certificate of Public…more

Appeals, Energy Sector, FERC, Natural Gas, Oil & Gas

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Angela Holt

Still No Cancellation Based on Fraud, But What Next Steps Might the TTAB Take?

The Federal Circuit just “re-issued” its precedential decision in Great Concepts, LLC v. Chutter, Inc. (No. 2022-1212), where it had previously reversed the USPTO’s cancellation of a registered trademark. There was no…more

Appeals, Fraud, Trademark Cancellation, Trademark Registration, Trademark Trial and Appeal Board

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David Holt

NCAA Issues New Name, Image, Likeness Guidance

On April 29, 2020, the NCAA Board of Governors issued support for rule changes in the organization’s move toward allowing student-athletes to profit from the use of their name, image, and likeness (NIL). Following the…more

Name and Likeness, NCAA, New Guidance, Student Athletes

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John Hood

FTC and OCR Take Aim at Tracking Pixels in Joint Letter Warning Hospitals and Telehealth Providers About Privacy and Security Risks Associated with Online Tracking Technology

In July 2023, the Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services Office of Civil Rights (OCR) sent a joint letter to approximately 130 hospital systems and telehealth providers raising…more

Cybersecurity, Disclosure, Federal Trade Commission (FTC), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Emily Stuart Horn

Employee Stock Ownership Plans for Construction Companies: Part 3

Following up on our prior blog posts (here and here) regarding employee stock ownership plans (ESOPs) generally for constructions companies, as well specific issues for consideration, this blog post evaluates the pros and cons…more

Closely Held Businesses, Construction Industry, Employee Benefits, Employee Stock Purchase Plans, Employees

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Anna Akers Hornsby

Alabama CON Report - November 2024

I. Certificate of Need Program - A. Contested Case: AL2024-008, Southern Orthopaedic Surgery Center, LLC, Montgomery County, AL: Proposes to develop a freestanding, non-hospital based, limited multi-specialty ambulatory…more

Acute Facilities, Alabama, Ambulatory Surgery Centers, Assisted Living Facilities (ALFs), Certificate of Need

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Mark Horoschak

FTC Proposes Rule to Strike Noncompete Agreements Nationwide

On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed new rule that would effectively prohibit employers from requiring employees to agree to noncompete clauses. The public is invited to submit comments on…more

Employees, Employer Liability Issues, Enforcement Actions, Federal Trade Commission (FTC), Former Employee

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Holly Hosford

Alabama CON Report - November 2024

I. Certificate of Need Program - A. Contested Case: AL2024-008, Southern Orthopaedic Surgery Center, LLC, Montgomery County, AL: Proposes to develop a freestanding, non-hospital based, limited multi-specialty ambulatory…more

Acute Facilities, Alabama, Ambulatory Surgery Centers, Assisted Living Facilities (ALFs), Certificate of Need

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Ty Howard

The False Claims Act in 2024: A Government Enforcement Update

This past year, the False Claims Act (FCA) continued to be a key tool for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector. The Justice Department…more

Compliance, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Financial Services Industry

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Michael Huff

Offer Expired: The FAR’s 30-Day Offer Expiration Rule Applicable to Commercial Items

The language of FAR 52.212-1(c) states that an “offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to…more

Department of Defense (DOD), Expiration Date, Federal Acquisition Regulations (FAR), Federal Contractors, General Solicitation

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Amanda Hutson

Don’t Mess with Texas Nurses: Texas Healthcare Facilities Must Adopt Workplace Violence Prevention Plans by September 1, 2024

Texas has now joined states like California in creating statutory protections against workplace violence against healthcare workers. Senate Bill 240, now Chapter 331 of the Texas Health and Safety Code, requires healthcare…more

California, Compliance, Employer Liability Issues, Employment Policies, Health Care Providers

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Benjamin Hutton

Landlords Must Disclose Foreign Ownership to Federal Lessees

Some federal lessees now must require their landlords to identify and disclose certain foreign owners, under a new interim rule from the General Services Administration (GSA). The rule — effective June 30, 2021 — is yet another…more

Disclosure Requirements, Foreign Ownership, General Services Administration (GSA), Landlords, Leases

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David Hymer

Due Process Strikes Back: Alabama Supreme Court Vacates $124M Class Settlement Attorneys’ Fee Award

The Alabama Supreme Court recently vacated a substantial $124 million attorneys’ fee award in connection with a class action settlement (Lawler v. Johnson et al., No. 1151347, — So. 3d –, 2017 WL 4707517 (Ala. Oct. 20, 2017))…more

AL Supreme Court, Attorney's Fees, Class Action, Class Members, Corporate Counsel

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Erin Jane Illman

Unfair and Deceptive Cookie Banners: The Next Wave of Privacy Litigation?

Today, encountering a cookie banner is a common experience for most individuals who peruse the internet. These banners inform website users of the presence of cookies or other tracking technologies through language such as,…more

Cookie Banners, Disclosure Requirements, Fraud, Investigations, New York

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Kimberly Ingram

Competing Duties and Courts: 11th Circuit Clarifies Procedures and Counsel Duties in Competing Class Actions

The 11th Circuit recently addressed the issue of competing or overlapping class actions, which often create problems for both the plaintiffs’ counsel and the defense. In Medical and Chiropractic Clinic, Inc. v. Oppenheim, the…more

Advertising, Class Action, Class Certification, Ethics, Settlement Negotiations

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Whitney Jackson

Blast from the Past: The Potential Ripple Effect of the ‘Return to In-Person Work’ Executive Order on the Private Sector and Key Considerations for Employers

President Donald Trump’s “Return to In-Person Work” executive order (EO) mandates that federal employees return to full-time office work. This EO effectively ended the widespread hybrid and remote work arrangements that had…more

Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Employment Discrimination, Employment Policies

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Lauren Jacques

Budget Deal Limits Payment to New Off-Campus Hospital Outpatient Departments

On November 2, 2015, President Obama signed the Bipartisan Budget Act of 2015 (the “Act”) into law. The Act, widely hailed as a rare act of bipartisan cooperation, raises the federal debt ceiling and sets federal spending…more

Ambulatory Surgery Centers, Barack Obama, Bipartisan Budget, Centers for Medicare & Medicaid Services (CMS), Debt Ceiling

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Kindall James

No Rest for the Weary: The Trump DOL Indicates Yet Another Change to Its Independent Contractor Classification Rule Is on the Horizon

Exactly a year ago, we wrote about the final rule issued by the Biden-era U.S. Department of Labor (DOL) regarding the test for determining whether a worker is an employee covered by the Fair Labor Standards Act (FLSA), or an…more

Appeals, Biden Administration, Department of Labor (DOL), Employment Litigation, Fair Labor Standards Act (FLSA)

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B. David Joffe

How to Protect Your ESOP from Lawsuits Over Cash Holdings

At least four lawsuits have recently been filed against employee stock ownership plan (ESOP) fiduciaries alleging a failure to prudently invest cash held in the ESOP trust. While scrutiny of investments in company stock has long…more

Corporate Governance, Employee Benefits, Employee Stock Purchase Plans, Employer Liability Issues, Employment Litigation

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Aaron Johnson

Bradley’s Bankruptcy Basics: Automatic Stay Considerations When Businesses File for Bankruptcy

The automatic stay is a procedural tool in a bankruptcy case that effectively halts efforts by creditors to collect on a debtor’s outstanding obligations. As discussed in more detail in our prior post, immediately upon the…more

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

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Andy Johnson

30(b)(6) vs. 702 – Is Your Witness a Party or an Expert?

Earnest v. Sanofi U.S. Services et al, U.S. Circuit Court of Appeals for the Fifth Circuit, No. 20-30184 (Feb. 10, 2022) - The plaintiff sued Sanofi U.S. Services, Inc. and Sanofi-Aventis U.S., LLC in the Eastern District of…more

Appeals, Expert Testimony, Failure To Warn, Health Care Providers, Healthcare

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Nathan Johnson

Don’t Be Bullied by a Patent Troll

One of our favorite stories growing up was the “Three Billy Goats Gruff,” the main character of which is a terrible troll who lived under a bridge. The troll tried to terrorize and eat three goats who just wanted to cross a…more

Infringement, Patent Trolls, Patents, USPTO

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Nicole Jones

New York Clarifies Mortgage Loan Acceleration and De-Acceleration: Starting and Stopping the Limitations Clock

On February 18, 2021, the New York Court of Appeals’ consolidated resolution of four cases that answered two critical questions concerning the application of the statute of limitations in New York mortgage foreclosure actions:…more

Appellate Courts, Deutsche Bank, Foreclosure, Mortgages, New York

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Johanna Jumper

CARES Act Augments Small Business Loan Programs: What You Need to Know to Act Now

On Friday, March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) intending to address and alleviate much of the economic stress resulting from the Coronavirus…more

CARES Act, Coronavirus/COVID-19, Eligibility, Paycheck Protection Program (PPP), Relief Measures

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Amandeep Kahlon

New Jersey Appellate Court Rejects Bid Protest: Archeologist Not Required to Be Registered under Public Works Contractor Registration Act

We recently blogged about New Jersey’s bid protest requirements for procurements solicited under the New Jersey Division of Purchase and Property (DPP) here. As we noted, public procurements by local governmental authorities…more

Appeals, Bid Protests, Construction Contracts, Federal Contractors, Government Agencies

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Daniel Kaufmann

Fourth Circuit Clarifies When a Regulatory Violation May Lead to a False Claims Act Violation

The U.S. Fourth Circuit Court of Appeals’ recent decision in United States ex rel. Rostholder v. Omnicare, Inc., reconfirms the well-founded principle that a civil False Claims Act (FCA) claim that is based on the defendant’s…more

False Claims Act (FCA), Healthcare, Omnicare, Pharmaceutical Industry

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Collin Keller

Landlords Must Disclose Foreign Ownership to Federal Lessees

Some federal lessees now must require their landlords to identify and disclose certain foreign owners, under a new interim rule from the General Services Administration (GSA). The rule — effective June 30, 2021 — is yet another…more

Disclosure Requirements, Foreign Ownership, General Services Administration (GSA), Landlords, Leases

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J. Riley Key

We’re NOT so Early Anymore – As NFTs Hit Primetime In Insider Trading Case, A Broader Look Ahead For Digital Assets

The heavily publicized announcement by New York federal prosecutors of the first-ever charges for insider trading in digital assets — non-fungible tokens, or “NFTs” in particular — is a significant but somewhat confusing…more

Cryptocurrency, Digital Assets, Enforcement, Ethereum, FBI

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Robin-Renee Keys

FHFA Has Fraud on Its Mind

In recent days, Federal Housing Finance Agency (FHFA) Director Bill Pulte has made it clear that he believes fraud is a rampant problem at FHFA. In a stream of related activities, Pulte has called on the public to report fraud…more

Borrowers, Employees, Enforcement Actions, Fannie Mae, FHFA

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Ryan Kinder

Recovering Attorneys’ Fees for Breach of Contract

Texas lawyers finally have the ability to recover attorneys’ fees on behalf of their clients in all breach of contract matters, regardless of whether the other party is an individual, corporation, limited partnership, or limited…more

Attorney's Fees, Breach of Contract, Business Entities, New Legislation, State and Local Government

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Josh Kleppin

Still in the Dark After Loper Bright: SCOTUS Declines to Shine a Light on NLRB Deference Post-Chevron

Last year, the United States Supreme Court’s Loper Bright decision put an end to “Chevron deference,” a judicial practice of deferring to federal agency interpretations of ambiguous statutory language. While the legal…more

Administrative Procedure Act, Appeals, Chevron Deference, Judicial Authority, Loper Bright Enterprises v Raimondo

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Danner Kline

Fair Use Falls Short: Judge Bibas Rejects AI Training Data Defense in Thomson Reuters v. ROSS

Fair use — a critical defense in copyright law that allows limited use of copyrighted material without permission — has emerged as a key battleground in the wave of artificial intelligence (AI) copyright litigation. In a…more

Algorithms, Artificial Intelligence, Copyright Infringement, Copyright Litigation, Fair Use

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Michael Knapp

Want to File a Mechanics’ Lien in California? Here’s What You Can (and Can’t) Include

How can a contractor, subcontractor, or supplier secure payment for its work? One solution is to file a mechanics’ lien against a project’s property. Lien laws vary widely from state to state and time to time because contractors…more

Attorney's Fees, Breach of Contract, California, Construction Contracts, Construction Industry

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Elisha Kobre

False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Jonathan Kolodziej

Vought’s Transformational First Few Days at the CFPB

Within approximately 48 hours, starting on the evening of Friday, February 7, 2025, the trajectory of the Consumer Financial Protection Bureau (CFPB) was significantly altered. Among other things, a new acting director was…more

Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Executive Orders, Federal Budget, Federal Funding

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Mason Kruse

No Funny Business: The Supreme Court Should Get Sirois

As you might have guessed from the title of this post, we are returning to cover new developments in the United States v. Sirois case. A few months ago, the First Circuit released an opinion that we discussed in an earlier post…more

Appeals, Constitutional Challenges, Controlled Substances Act, Criminal Code, Criminal Prosecution

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Joel Kuehnert

Final Clean Water Act Rule Goes Into Effect

On May 27, 2015, the Environmental Protection Agency (EPA) released the Waters of the U.S. Final Rule under the Clean Water Act (CWA). This is an expansion by the Obama Administration of the federal protection of U.S. waterways…more

Clean Water Act, Environmental Protection Agency (EPA), Federal Jurisdiction, Final Rules, US Army Corps of Engineers

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Elliot Labovitz

HIPAA and HITECH Privacy and Security Rule Update: Final Omnibus Rule

The Office of Civil Rights (“OCR”) of the Department of Health and Human Services (“HHS”) published today the much anticipated final omnibus rule implementing the Health Information Technology for Economic and Clinical Health…more

Business Associates, Compliance, Covered Entities, Data Breach, Data Protection

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Sarah Laird

CARES Act Augments Small Business Loan Programs: What You Need to Know to Act Now

On Friday, March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) intending to address and alleviate much of the economic stress resulting from the Coronavirus…more

CARES Act, Coronavirus/COVID-19, Eligibility, Paycheck Protection Program (PPP), Relief Measures

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Evangeline Lalangas

UPDATE: Telehealth “Cliff” Pushed Back until April 1, 2025

Congress narrowly avoided hurdling off the telehealth “cliff” Bradley previously reported on in this post with the passing of the American Relief Act, 2025 on December 21, 2024..…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Deadlines, Department of Health and Human Services (HHS), Health Care Providers

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Christopher Lam

So You’re Telling Me There’s a Chance: Vacatur of AAA Arbitration Awards in North Carolina - IADC Business Litigation Committee Newsletter

As the optimistic wisdom of Dumb & Dumber’s Lloyd Christmas instructs, the chances of winning a motion to vacate an arbitration award may be “one in a million” . . . but “there’s a chance.” Originally published in IADC…more

American Arbitration Association, Arbitration, Arbitration Awards, Choice-of-Law, Forum Selection

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W. Chadwick Lamar Jr.

Pro Bono Litigation: Why Every Young Lawyer Should Volunteer

As a young lawyer, you might be struggling to believe that you can make a difference and to figure out how to do so. You might also be wondering how to gain the courtroom experience seemingly necessary to build a legal…more

Ethics, Petition for Writ of Certiorari, Pro Bono, SCOTUS, Young Lawyers

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Nicholas Landau Ph.D.

The U.S. Trademark Office Says Δ8-THC Is Illegal -- Usually

The decriminalization of cannabis in some states, and its partial decriminalization at the federal level, has created an explosive market for cannabis itself and the myriad chemicals that compose the plant. The 2018 Farm Bill…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Centers for Disease Control and Prevention (CDC), Decriminalization of Marijuana, Department of Justice (DOJ)

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Bradley Lard

How the New Tax Law May Impact Your Estate Plan

On December 22, 2017, President Trump signed into law the Tax Cuts and Jobs Act (the “2017 Act”) which, among other items, made several changes to the federal wealth transfer tax system with respect to transfers occurring during…more

Business Taxes, Estate Tax, Family Businesses, Generation-Skipping Transfer, Grantor Retained Annuity Trusts (GRATs)

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Joseph Larkin

CMS Changes Course: Increases Medicare Reimbursement Rates for 2023 Fiscal Year

On Friday, July 29, 2022, the Centers for Medicare & Medicaid Services (CMS) issued its 2023 Skilled Nursing Facility (SNF) Prospective Payment System (PPS) Final Rule on 2023 Medicare rates for skilled nursing facilities…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Final Rules, Health Care Providers, Long Term Care Facilities

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Brett Lawrence

HHS’s Proposed Security Rule Updates Will Substantially Increase the Controls Needed to Comply with the Technical Safeguard Requirements

In this week’s installment of our blog series on the U.S. Department of Health and Human Services’ (HHS) HIPAA Security Rule updates in its January 6 Notice of Proposed Rulemaking (NPRM), we are tackling the proposed updates to…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Department of Health and Human Services (HHS)

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Daniel Lawrence

Right to Payment: Substantial Performance and Satisfaction

A recent opinion from the Court of Appeals of Texas provides clarification regarding a contractor’s right to payment where the adequacy of the work performed is challenged and an owner attempts to rely on a satisfaction clause…more

Appeals, Conditions of Payment, Construction Contracts, Construction Industry, Construction Litigation

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Alex Leath

President Biden Signs Inflation Reduction Act – What This Will Mean for Clean Energy and Manufacturing

On August 16, 2022, President Biden signed into law H.R. 5376, referred to as the Inflation Reduction Act (IRA). The nearly $369 billion of new spending is intended to transform entire sectors of the American economy and will…more

Biden Administration, Clean Energy, Energy Projects, Inflation Reduction Act (IRA), Investment Tax Credits

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Matthew Lembke

U.S. Supreme Court Ruling Opens the Door to More State-Law Securities Class Actions

Today, in a 7-2 decision with Justice Breyer writing for the majority, the Supreme Court issued a narrow interpretation of when the federal Securities Litigation Uniform Standards Act (“SLUSA”) preempts state-law securities…more

Class Action, Corporate Counsel, Ponzi Scheme, Preemption, SCOTUS

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Timothy Lendino

The Uncertain Legal Intersection of Genetic Tests and Life Insurance

The growth of direct-to-consumer DNA kits is a big deal with significant ramifications for the life insurance industry. Direct-to-consumer DNA kits, commonly used to track ancestry roots, increasingly allow individuals to assess…more

Direct to Consumer Sales, Disclosure, DNA, Fraud, Genetic Discrimination

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Amy Leopard

Top 10 takeaways from the new HIPAA security rule NPRM

On Jan. 6, 2025, the U.S. Department of Health and Human Services (HHS) proposed new regulations to enhance cybersecurity protections for electronic protected health information (ePHI) under the Health Insurance Portability and…more

Business Associates, Comment Period, Cybersecurity, Data Privacy, Data Protection

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Joshua Lesser

5th Circ. Bond Claim Ruling Shows Creditors Must Be Vigilant

With its January opinion in Raymond James & Associates Inc. v. Jalbert, the U.S. Court of Appeals for the Fifth Circuit held that the bankruptcy debtor's indemnification obligations were discharged by the confirmed plan because…more

Appeals, Bankruptcy Court, Bankruptcy Discharge Order, Bondholders, Brokers

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Ryan Letson

Cannabis & Trademarks: Protecting Your Stash

Trademark law protects businesses’ brand identities and helps prevent consumer confusion. The U.S. trademark system operates at both federal and state levels. Federal registration through the United States Patent and Trademark…more

Agribusiness, Cannabis Products, Cannabis-Related Businesses (CRBs), Controlled Substances Act, Farm Bill

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Jack Levy

Defense of Marriage Act: What the U.S. Supreme Court’s Windsor Decision May Mean for Employer-Sponsored Benefit Plans

Now that the U.S. Supreme Court has ruled in U.S. v. Windsor that the federal Defense of Marriage Act (“DOMA”) is an unconstitutional “deprivation of the equal liberty of persons that is protected by the Fifth Amendment of the…more

Discrimination, DOMA, Due Process, Employee Benefits, Equal Protection

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Joshua Lewis

CFPB Announces Final Rule Closing “Overdraft Loophole” Created by TILA

On December 12, 2024, the Consumer Financial Protection Bureau (CFPB) announced its final rule, redefining overdraft fees as finance charges in order to limit overdraft fees. The final rule seeks to regulate how overdraft fees…more

Congressional Review Act, Consumer Financial Protection Bureau (CFPB), Disclosure Requirements, Excessive Fees, Final Rules

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Samuel Lipshie

Raging Bull Decision Riles Hollywood, Thrills Plaintiffs

In June, the Supreme Court issued a landmark decision affecting copyright claims and defenses. The copyrighted work at issue was the popular motion picture Raging Bull, in which Robert DeNiro plays famous boxing champion Jake…more

Affirmative Defenses, Copyright, Copyright Infringement, Laches, MGM

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Bethanie Livernois

False Claims Act - 2021 Year in Review

The year 2021 marks the 10th anniversary of the Bradley False Claims Act Year in Review. In that decade, much has remained the same in FCA enforcement. To start with the obvious: It continues to result in billions of dollars in…more

Alternate Remedy, Anti-Kickback Statute, CARES Act, Causation, Class Action

See all updates »

Matthew Lonergan

No Rest for the Weary: The Trump DOL Indicates Yet Another Change to Its Independent Contractor Classification Rule Is on the Horizon

Exactly a year ago, we wrote about the final rule issued by the Biden-era U.S. Department of Labor (DOL) regarding the test for determining whether a worker is an employee covered by the Fair Labor Standards Act (FLSA), or an…more

Appeals, Biden Administration, Department of Labor (DOL), Employment Litigation, Fair Labor Standards Act (FLSA)

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David Long Jr.

U.S. Supreme Court to Review Scope of Sovereign Immunity Defense to FCRA Lawsuits

Yesterday, the U.S. Supreme Court agreed to decide a case that raises the issue of whether the United States government may be held liable as a data furnisher under the Fair Credit Reporting Act (FCRA) despite its invocation of…more

Attorney's Fees, Consumer Reporting Agencies, Fair Credit Reporting Act (FCRA), Liability, Noncompliance

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James Long Jr.

Mobile Workforce/Remote Worker Legislation Could Impact Your Business

Well-respected House Ways & Means-Education Committee Chair Danny Garrett (R-Trussville) has introduced HB 379, a bill designed to provide guidelines and a safe harbor for employers who have traveling employees or remote…more

Employee Mobility, Employees, Employer Liability Issues, Employer Responsibilities, Income Taxes

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Whitney Lott

Dangers of Playing Nice: The IP Pitfalls Associated with Collaborative Branding

Collaborative branding is a marketing strategy where two businesses collaborate to increase the value of their brands. This co-branding allows the partner companies to share the costs of the collaboration while also expanding…more

Co-Branding, Co-Ownership, Collaboration, Corporate Branding, Intellectual Property Litigation

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Scott Ludwig

FinCEN Exempts U.S. Entities from Reporting, but Uncertainty Remains

On March 21, 2025, the previous deadline to report Beneficial Ownership Information (BOI) to the Financial Crimes Enforcement Network (FinCEN) under the Corporate Transparency Act (CTA), FinCEN released an interim final rule…more

Beneficial Owner, Corporate Transparency Act, Disclosure Requirements, Final Rules, FinCEN

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Dana Lumsden

Lessons from the CFPB’s First Remittance Transfer Rule Consent Order

In 2010, Congress amended the Electronic Funds Transfer Act (EFTA) by creating “a comprehensive system of consumer protections for money sent by U.S. consumers to individuals and businesses in foreign countries.” In 2013, the…more

Civil Monetary Penalty, Consent Order, Consumer Financial Protection Bureau (CFPB), EFTA, Enforcement Actions

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Robert Maddox

Supreme Court Upholds Constitutionality of CFPB’s Funding Mechanism

“Although there may be other constitutional checks on Congress’ authority to create and fund an administrative agency, specifying the source and purpose is all the control the Appropriations Clause requires.” With these words,…more

Appropriation, Constitutional Challenges, Consumer Financial Protection Bureau (CFPB), Consumer Protection Act, Dodd-Frank

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Zachary Madonia

Amending Away Federal Jurisdiction: Supreme Court Holds That Federal Jurisdiction Can Be Divested by Amendment

Federal courts can adjudicate state-law claims arising out of the same facts as federal-law claims under 28 U.S.C. § 1367, but what happens if, after removal, the plaintiff amends her complaint to remove the federal questions…more

CAFA, Class Action, Federal Court Litigation, Jurisdiction, Motion to Dismiss

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Erin Malone-Smolla

Dude, Where’s My Liquidation?

Every election it seems like the country inches closer to cannabis being legal at the federal level. Until that day comes, however, the question of whether those in the cannabis industry can seek bankruptcy relief remains…more

Bankruptcy Court, Banks, Business Litigation, Business Operations, California

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Anna Manasco

Alabama Rewrites Its Noncompete Statute

The Alabama legislature recently passed a comprehensive revision of the state’s noncompete statute, and Governor Bentley has signed the act into law. The new statute will become effective January 1, 2016. The new statute does…more

Amended Legislation, Employer Liability Issues, Non-Compete Agreements, Reasonableness Factors

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J. William Manuel

Time Was Not on Her Side: 5th Circuit Rules Unpaid Mentor’s Claim of Discrimination Is Untimely

In Title VII actions, plaintiffs have a limited amount of time to file a charge of discrimination (or a court can dismiss the case as untimely). In the case of Wells v. Texas Tech University, the timeliness dynamic was further…more

Adverse Employment Action, Discrimination, Employee Rights, Employees, Employer Liability Issues

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Jessie Manzewitsch

Of Cars and Dwellings: Supreme Court of Wisconsin Expands the Meaning of “Dwelling,” Jeopardizing Vehicle Repossessions in the State

As the new year turns the page, the Supreme Court of Wisconsin, in Duncan v. Asset Recovery Specialists, Inc., held that a repo agency violated the Wisconsin Consumer Act by repossessing a vehicle parked in the borrower’s…more

Motor Vehicles, Repossess, WI Supreme Court

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A. Kate Margolis

Insurance in the Know (Part 3): Recoupment of Defense Costs Is Not a “Right” in a Standard CGL Policy

The foundation of a policyholder’s agreement to pay premiums for a standard commercial general liability policy (CGL) is the insurer’s agreement to defend the policyholder against lawsuits and shoulder the costs of the defense…more

Breach of Contract, California, Commercial General Liability Policies, Contract Terms, Duty to Defend

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Gregory Marshall

False Claims Act: 2024 Year in Review

Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2024 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends. In…more

Anti-Kickback Statute, Cybersecurity, Damages, Department of Justice (DOJ), False Claims Act (FCA)

See all updates »

Kimberly Martin

New DOJ Guidance Portends New Defenses in False Claims Act Cases

Last week, the Department of Justice (DOJ) issued two separate memoranda with potentially far-reaching consequences. While the practical effect of these documents remains to be seen, they may provide another avenue of argument…more

Department of Justice (DOJ), Deregulation, Enforcement Actions, False Claims Act (FCA), Government Investigations

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Luke Martin

Proceed at Your Own Risk: Government Entitled to Strict Compliance with Plans and Specifications

In Appeal of Watts Constructors, LLC, the Armed Services Board of Contract Appeals (the “Board”) held that a contractor was not excused from following contract plans and specifications despite the observation by government…more

Appeals, Building Inspectors, Construction Contracts, Construction Industry, Construction Project

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Chuck Mataya

Get Poked or Get Canned – Can You Terminate an Employee for Refusing the Vaccine?

The answer is it depends. Why is the employee refusing the vaccine? For employers mandating the vaccine, an employee’s refusal to receive it because he or she simply does not want to be vaccinated is likely fair game for…more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employees, Employer Liability Issues, Employer Mandates

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Noah Matthews

Cannabis Day: Top 10 Weed Roundup of Budding Trends’ Trendiest Blog Posts of the Year

As the hallowed cannabis holiday for stoners-turned-business-entrepreneurs falls upon us, we find ourselves in the shifting sands of change in the cannabis industry as usual. Not surprisingly, many states have seen legislation…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries, Government Agencies

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Kevin Mattingly

The Government Shutdown and its Effect on the Real Estate Market

On September 30, the federal government shut down or significantly reduced staffing for many of its programs because of Congress’ failure to pass a budget for this fiscal year. The shutdown appears set to affect the real estate…more

Fair Housing Act (FHA), Fannie Mae, Freddie Mac, Government Shutdown, Mortgages

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Dainiel McCray

Federal Appeals Court Says Certain THC-O Products Are Legal Contrary to DEA Interpretation

The 1984 film The Terminator featured a deadly robot assassin who looked like a regular guy (if by “regular guy” you mean a young, jacked Arnold Schwarzenegger). The horror of it all was that the victims could not tell if the…more

Administrative Interpretation, Cannabis Products, DEA, Farm Bill, Hemp

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Riley McDaniel

Cannabis and the Candidates: Joe Biden

This is the first article in a three-part series focused on the intersection of the 2020 presidential election and cannabis policy in the United States. Each article will focus on the specific presidential candidates of the two…more

Cannabis Products, Decriminalization of Marijuana, Federal v State Law Application, Joe Biden, Legislative Agendas

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Megan McDowell

A Closer Look at the CFPB’s “Enhanced” Supervisory Appeals Process

On February 16, 2024, the Consumer Financial Protection Bureau (CFPB) announced what it heralded as a significant update to its Supervisory Appeals Process. The first of its kind since 2015, this revision introduced a seemingly…more

Appeals, Compliance, Consumer Financial Protection Bureau (CFPB), FDIC, Financial Services Industry

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Meghan Dawson McElvy

The FTC Has Banned Non-Competes: What Do Employers in the Energy Space Do Now?

When is the FTC’s rule effective? The FTC’s non-compete ban is not in effect yet. It does not become effective until 120 days after the date of publication in the Federal Register of the final rule. The Federal Register is…more

Competition, Employees, Employer Liability Issues, Employment Contract, Exemptions

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Jennifer McGahey

EEOC Issues Controversial Updated Enforcement Guidance on Pregnancy Discrimination

For the first time in over 30 years, the Equal Employment Opportunity Commission (EEOC) recently issued a comprehensive update to its guidelines on pregnancy discrimination. The EEOC’s Enforcement Guidance on Pregnancy…more

ADAAA, Americans with Disabilities Act (ADA), Discrimination, Employer Liability Issues, Enforcement Guidance

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Austin McMullen

COVID-19 Ripple Effects Are Coming – Lenders Must Get Ready

The coronavirus pandemic is affecting businesses large and small. Now is the time for lenders to prepare for its effect on business borrowers. …more

Commercial Bankruptcy, Coronavirus/COVID-19, Economic Downturn, Financial Services Industry

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Lyndsay Medlin

False Claims Act: 2024 Year in Review

Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2024 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends. In…more

Anti-Kickback Statute, Cybersecurity, Damages, Department of Justice (DOJ), False Claims Act (FCA)

See all updates »

Tonya Meier

Buyer Beware: The Importance of Conducting Environmental Due Diligence

In the context of commercial real estate transactions, due diligence is conducted to obtain and verify available information regarding a property’s attributes and characteristics, physical and environmental condition, ownership,…more

Buyers, CERCLA, Commercial Real Estate Market, Due Diligence, Environmental Liability

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Kevin Michael

Newly Issued Vaccine Guidance Brings Increased Uncertainty for Nursing Home Operators and Staff

Among additional measures announced by the Biden administration on August 18 in response to the proliferation of the Delta variant of COVID-19, the Department of Health and Human Services is directed to implement guidelines in…more

Biden Administration, Centers for Disease Control and Prevention (CDC), Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Employer Mandates

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G. Benjamin Milam

North Carolina Supreme Court: Government-ordered business closures during COVID-19 lockdowns constitute 'direct physical loss' under insurance policy lacking virus exclusion

Steven Hix and G. Benjamin Milam of Bradley discuss a pair of recent North Carolina Supreme Court rulings on coverage for pandemic-related losses, one of which gave policyholders a rare win. On December 13, the North…more

Business Closures, Business Interruption, Commercial Insurance Policies, Coronavirus/COVID-19, Denial of Insurance Coverage

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Carly Miller

The Power of Incorporation Compels You: Surety Succeeds in Compelling Contractor to Arbitrate Bond Claims Pursuant to Arbitration Clause in Subcontract

In Swinerton Builders, Inc. v. Argonaut Insurance Co., Swinerton Builders, a contractor, sued a surety on bond claims arising from defaults by its subcontractor on a series of work orders. The owner of Swinerton’s mechanical…more

Arbitration, Bonds, Commercial Insurance Policies, Construction Disputes, Construction Industry

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Casey Miller

Bipartisan Senate Bill Seeks To Weaken the False Claims Act’s Materiality Standard

On July 25, 2023, U.S. Senator Chuck Grassley (R-IA), introduced a bill that aims to, among other things, make it easier for the government to satisfy the False Claims Act’s materiality requirement when the government has made…more

Anti-Retaliation Provisions, False Claims Act (FCA), Fraud, GAO, Materiality

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David Miller

Update on Texas Foreclosures Given Statewide Rise in COVID-19 Cases

As we previously reported in April, Texas’s initial approach to foreclosures in light of the coronavirus was “ad hoc” and the decision whether to halt foreclosures was left to the various counties in which the sales were…more

Coronavirus/COVID-19, Executive Orders, Governor Abbott, Orders of Prohibition, State and Local Government

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T. Matthew Miller

More Dollar for White Collar: DOL Issues New Overtime Rules

The Department of Labor issued a Final Rule on April 24, 2024, addressing the salary requirements for the overtime (“white collar”) exemptions under the Fair Labor Standards Act. The Final Rule increases the standard salary…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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J. Douglas Minor Jr.

Can You Hear Me Now? Important Considerations for Avoiding Penalties under the TCPA after ACA International

In a previous blog post, we examined the “mixed bag” result of the D.C. Circuit Court of Appeals opinion in ACA International v. Federal Communications Commission. The ACA International decision narrowed the scope of potential…more

ATDS, Auto-Dialed Calls, Corporate Counsel, FCC, Predictive Coding

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Spencer Mobley

A Commentary On the Viability of Insured Attorney Opinion Letters as an Alternative To Title Insurance

With Fannie Mae, Freddie Mac and others embracing attorney opinion letters (AOLs) as an alternative to title insurance for residential mortgages, Bradley’s Title Insurance Claims & Title Defect Curative Practice Group took a…more

Banking Sector, Fannie Mae, Financial Services Industry, Freddie Mac, Mortgage Servicers

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Richard Monk III

The Professional Services Exclusion: You May Not Have the Coverage You Think

Could you be providing “professional services” that might lead to liability excluded by your commercial general liability policy? The answer may be different than you think…more

Commercial General Liability Policies, Insurance Industry, Insurance Litigation, Negligent Construction, Professional Liability

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Cathleen Moore

Bankruptcy, Coronavirus (COVID-19), and How Retailers Can Brace for the Impact

The brick-and-mortar retail industry has been in a state of flux since online retailers such as Amazon started business in the mid-‘90s. Recent years have been particularly difficult for retailers: in 2018, retailers represented…more

Business Interruption, Commercial Bankruptcy, Commercial Insurance Policies, Coronavirus/COVID-19

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Elaine Moore

UPDATE: Telehealth “Cliff” Pushed Back until April 1, 2025

Congress narrowly avoided hurdling off the telehealth “cliff” Bradley previously reported on in this post with the passing of the American Relief Act, 2025 on December 21, 2024..…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Deadlines, Department of Health and Human Services (HHS), Health Care Providers

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Jamie Moore

Third Circuit Reinforces That FACTA Class Actions Remain Ideal Targets for Spokeo Challenges

Almost one year ago, we wrote about the impact of Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) on Fair and Accurate Credit Transaction Act (FACTA) class actions and offered practical pointers for defendants confronting FACTA…more

Article III, Breach of Confidence, Class Action, FACTA, Injury-in-Fact

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Kathryn Harvey Moore

CMS Proposes Redesign of Medicare Shared Savings Program - Healthcare Alert

On August 9, 2018, the Centers for Medicare & Medicaid Services (CMS) issued a proposed rule that would redesign the Medicare Shared Savings Program (MSSP). The proposed changes would accelerate the risks associated with…more

ACOs, Benchmarks, Beneficiary Designations, CEHRT, Centers for Medicare & Medicaid Services (CMS)

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Mary Clay Morgan

Lexology Employment Guide: Mississippi

Bradley attorneys have partnered with Lexology to draft the Getting the Deal Through Employment chapter for Mississippi. This guide covers a state snapshot, the employment relationship, hiring, wage and hour, discrimination,…more

Agribusiness, Documentation, Employees, Employment Contract, Employment Discrimination

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Jennifer Morrison Ersin

5th Circuit Rules Intent to Arbitrate Trumps Defunct Forum

The Fifth Circuit ruled that Baker Hughes Saudi Arabia and Dynamic Industries, Inc., could be compelled to arbitration in a forum that no longer exists. In doing so, the court ruled that the parties’ “dominant purpose was to…more

Appeals, Arbitration, Arbitration Agreements, Binding Arbitration, Breach of Contract

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John Mostellar III

Updates to the Updates of FHA’s Servicing, Loss Mitigation, and Claims Processes

At the tail end of the Biden administration, the Federal Housing Administration (FHA) published Mortgagee Letter 2025-06, which was tilted Updates to Servicing, Loss Mitigation, and Claims. The 251-page mortgagee letter outlines…more

Biden Administration, Borrowers, Coronavirus/COVID-19, FHA Loans, HUD

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Wendy Mullins

Annual Report Filing Deadline in Mississippi

If you are responsible for a for-profit corporation or a limited liability company operating in the State of Mississippi, please be aware of the upcoming April 15 deadline to file your mandatory 2015 Annual Report. Failure to…more

Annual Reports, Business Entities, Filing Deadlines, Secretary of State

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Daniel Murphy

Questions to Consider as Regulators Increase Scrutiny of Medical Debt

Over the last year and a half, the Consumer Financial Protection Bureau (CFPB) has become increasingly interested in the origination, servicing, and collection of medical debt. The CFPB alone has published several pieces of…more

Centers for Medicare & Medicaid Services (CMS), Consumer Financial Protection Bureau (CFPB), Credit Reporting Agencies, Debt, Debt Collectors

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Jim Murphy

Expansion of Federal Reserve’s Municipal Liquidity Facility

On April 27, 2020, the Federal Reserve announced major changes to its Municipal Liquidity Facility (MLF) initiative. These changes were designed to expand and ease the eligibility requirements for governmental bodies to access…more

Coronavirus/COVID-19, Federal Reserve, Funding, Liquidity, Municipal Liquidity Facility (MLF)

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Ocasha Musah

First Circuit Joins Other Circuits in Adopting Stricter Causation Standard in FCA Cases Based on Anti-Kickback Statute

On February 18, 2025, the First Circuit joined the Sixth and Eighth Circuits in adopting a “but for” causation standard in cases involving per se liability under the federal Anti-Kickback Statute (AKS) and the False Claims Act…more

Anti-Kickback Statute, Appeals, Causation, Department of Justice (DOJ), Enforcement Actions

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Caroline Muse

False Claims Act: 2016 Year in Review

We are pleased to present Bradley’s annual review of significant False Claims Act (FCA) cases, developments, and trends. From a relatively short article several years ago, the Review has grown to a significant publication that…more

Anti-Kickback Statute, Appeals, Calculation of Damages, Civil Monetary Penalty, Defense Contracts

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John Nail

How New IRS Actions Affect Your ERC Claim

With the passage of the 2020 CARES Act, Congress created the Employee Retention Credit (ERC) for eligible employers whose operations were impacted by the COVID-19 pandemic. The IRS, however, stopped processing new ERC claims in…more

CARES Act, Coronavirus/COVID-19, Employee Retention, Income Taxes, IRS

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Marc Nardone

Maryland Court of Appeals Bars Confessed Judgment Clauses in Consumer Contracts

A recent decision from the Maryland Court of Appeals provided somewhat surprising new guidance on the permissibility of confessed judgment clauses in consumer contracts. In Goshen Run Homeowners Association, Inc. v. Cisneros,…more

Appeals, Confession of Judgment, Consumer Contracts, Consumer Lenders, Consumer Protection Act

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Andrew Narod

New TCPA Consent Requirements Out the Window: What Businesses Need to Know

The landscape of prior express written consent under the Telephone Consumer Protection Act (TCPA) has undergone a significant shift over the past 13 months. In a December 2023 order, the Federal Communications Commission (FCC)…more

Consent, Consumer Protection Laws, Data Privacy, Enforcement Actions, FCC

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Jessie Nelson

False Claims Act - 2022 Year in Review

In 2022, the False Claims Act (FCA) continued to be the federal government’s chief tool for combatting fraud. Many trends in recent years were likewise present in 2022: robust FCA enforcement generally, healthcare as the prime…more

Cybersecurity, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud

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Jake Neu

DC Circuit Affirms Decision That Copyright Statute Requires Some Amount of Human Authorship, Leaves More Difficult Questions for Another Day

Does copyright law require that a human create a work? Yesterday the D.C. Circuit in Thaler v. Perlmutter held that it does and that a machine (such as a computer operating a generative AI program) cannot be designated as the…more

Algorithms, Appeals, Artificial Intelligence, Authorship, Copyright

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Dinetia Newman

Mississippi CON Report

1. CON – Final Orders a. CON Review Number: FS-NIS-0216-002 – Oxford Pre-Op & Imaging Center, LLC d/b/a Oxford Pre-OP & Imaging Center – Acquisition or Otherwise Control of Magnetic Resonance Imaging (MRI) and Offering of…more

Ambulatory Surgery Centers, Certificate of Need, Health Care Providers, Healthcare Facilities, Inpatient Rehab Facilities

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Amanda Nichols

The Sunshine Act Final Rule: CMS Sheds Light on Reporting Physician and Teaching Hospital Payments

On February 1, 2013, the Centers for Medicare & Medicaid Services (CMS) released a final rule implementing the Physician Payment Sunshine Act (the “Act”). The Act requires certain manufacturers of covered drugs, devices, and…more

Applicable Manufacturers, Biologics, Centers for Medicare & Medicaid Services (CMS), Covered Recipients, Disclosure Requirements

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Gordon Earle Nichols

DOL Issues Interim Final Rule on Lifetime Income Disclosures for Defined Contribution Plans

The Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 required, for the first time, that administrators of defined contribution plans (such as 401(k) plans) provide participants with disclosures…more

401k, Defined Contribution Plans, Department of Labor (DOL), EBSA, Interim Final Rules (IFR)

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Marianna Nichols

I’m WARNing You… Maybe? Bankruptcy Court Considers Exception to Layoff Notice Statute

The federal Worker Adjustment Retraining Notification Act (the WARN Act), generally requires that employers give workers 60 days’ written notice of any plant closings or mass layoffs. If employers do not comply with this…more

Back Pay, Bankruptcy Court, Compliance, Department of Labor (DOL), Employees

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Robert Niemi, CMB

Georgia Passes Historic Mortgage Licensing Law

On May 2, 2022, Georgia Gov. Brian Kemp signed SB 470, which amends provisions of Georgia’s banking laws relating to the denial or revocation of a mortgage license or registration due to certain felony convictions. SB 470 will…more

Governor Kemp, Mortgage Lenders, Mortgage Loan Originators, SAFE Act

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Andrew Nix

Reconsider the Ratio: SEC Acting Chair Calls Pay Ratio Rule into Question

Acting Chairman of the Securities and Exchange Commission Michael Piwowar recently told Bloomberg in an interview that, pending confirmation of President Trump’s successor for chair of the SEC, the commission was “not going to…more

CEOs, Conflict Mineral Rules, Dodd-Frank, Executive Compensation, Pay Ratio

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Scarlett Singleton Nokes

False Claims Act - 2023 Year in Review

As we do every year, this issue revisits the key cases and other developments from the year gone by. And by most metrics, 2023 was a notable year for the False Claims Act (FCA). We start with the numbers: The Department of…more

Causation, Damages, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA)

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Sara Norton

Tennessee (Again) Expands Brownfield Redevelopment Incentives

For the third time in four years, Tennessee has expanded brownfield redevelopment incentives. On March 31, 2023, Gov. Bill Lee signed into law SB0271, legislation amending brownfield redevelopment laws related to franchise and…more

Brownfield Properties, Economic Development, Excise Tax, Franchise Taxes, Governor Lee

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William Norton III

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

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

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

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Dennis Núñez

Software Inventions Face New USPTO Standards for Patenting

The lack of clarity in the law with regards to patent subject matter eligibility under 35 U.S.C. § 101 has made it difficult for patent attorneys to advise their clients with regards to patent protection for software inventions…more

Abstract Ideas, Examiners, Intellectual Property Protection, Inventions, Inventive Concept Test

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Somadina Nwokolo

False Claims Act - 2021 Year in Review

The year 2021 marks the 10th anniversary of the Bradley False Claims Act Year in Review. In that decade, much has remained the same in FCA enforcement. To start with the obvious: It continues to result in billions of dollars in…more

Alternate Remedy, Anti-Kickback Statute, CARES Act, Causation, Class Action

See all updates »

D. Brian O'Dell

CFPB Issues Proposal to Amend Mortgage Servicing Rules

Yesterday, the Consumer Financial Protection Bureau (CFPB) proposed additional amendments to Regulation X, which implements the Real Estate Settlement Procedures Act (RESPA), and Regulation Z, which implements the Truth in…more

Consumer Financial Protection Bureau (CFPB), Mortgage Servicers, Mortgage Servicing Rules, Mortgages, Proposed Amendments

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Christopher Odgers

Big Government Projects, Big Labor Expectations

A final rule amending the Federal Acquisition Regulation, 48 C.F.R. 22.503, A final rule amending the Federal Acquisition Regulation, 48 C.F.R. 22.503, which governs “project labor agreements” on “large-scale construction…more

Biden Administration, Construction Industry, Construction Project, Executive Orders, Federal Contractors

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Junaid Odubeko

Tennessee Passes Comprehensive Data Privacy Law

Tennessee has joined the growing number of states that have enacted comprehensive data privacy laws. On the final day of this year’s legislative session, the Tennessee legislature passed the Tennessee Information Protection Act…more

Carve Out Provisions, Consumer Privacy Rights, Covered Entities, Data Collection, Data Controller

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Craig Oliver

Separation of Church and State: The Application of the Ministerial Exception to Certain Employment Laws

It is common knowledge among many human resources professionals that religious organizations generally are protected from religious discrimination lawsuits under Title VII of the Civil Rights Act and most state…more

Anti-Discrimination Policies, Employees, Employment Discrimination, Equal Employment Opportunity Commission (EEOC), Exemptions

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Thomas Oliver III

FEC Raises Contribution Limits to Keep Pace with Inflation

Following historic levels of inflation in 2022, the Federal Election Commission (FEC) announced a major increase to contribution limits for 2023-2024 — the largest in nearly two decades. Most of the changes impact…more

Campaign Contributions, Contribution Limits, Federal Election Commission (FEC), PACs

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David Owen

Alabama Supreme Court Overturns Directed Verdict in Workplace Injury Lawsuit

On November 8, 2024, in Marina v. Bama Reinforcing, LLC, the Alabama Supreme Court addressed a trial court’s directed verdict on an injured construction worker’s negligence action. The worker was employed as a concrete finisher…more

AL Supreme Court, Construction Industry, Construction Litigation, Contractors, Jury Verdicts

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Kyle Owens

CFPB Issues Final Rule Implementing Section 1033 of Dodd-Frank Act

On October 22, 2024, the Consumer Financial Protection Bureau (CFPB) finalized its long-anticipated rule implementing Section 1033 of the Dodd-Frank Act. The 594-page final rule arrives nearly one year after the CFPB’s proposed…more

Banks, Compliance, Consumer Financial Protection Bureau (CFPB), Credit Cards, Data Collection

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Stephen Parsley

Idaho Joins the De-Banking Ban Wave

Starting July 1, 2025, Idaho will subject financial institutions with total assets over a certain threshold to new restrictions under the Transparency in Financial Services Act. The law follows a growing trend among states…more

Anti-Discrimination Policies, Banking Sector, Compliance, Consumer Protection Laws, Discrimination

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Krishan Patel

How Will Limiting the Scope of the 14th Amendment Impact the EB-5 Financing Market?

As anticipated, the 47th president issued a series of Executive Orders on his first day in office, one of which has caught significant attention within the EB-5 industry. The order, titled "Protecting the Meaning and Value of…more

American Civil Liberties Union (ACLU), Constitutional Challenges, EB-5, Executive Orders, Fourteenth Amendment

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Douglas Patin

Contractor Successfully Recovers Costs Associated with Government-Mandated COVID-19-Related Quarantine

On October 2, 2024, the Armed Services Board of Contract Appeals released a copy of their opinion in Chugach Fed. Sols., Inc., ASBCA No. 62712, 2024 WL 4542405 (Oct. 2, 2024). In this case, the board found entitlement for an…more

Appeals, Armed Services Board of Contract Appeals, Coronavirus/COVID-19, Cost Recovery, Federal Contractors

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Jon Patterson

Alabama Supreme Court Upholds Legality of Mandated Borrower Payments During Foreclosure Litigation

The Alabama Supreme Court’s recent ruling in Coan v. Championship Property, LLC has significant implications for mortgage lenders, servicers, and foreclosure sale purchasers. The decision settles a contested issue: May trial…more

AL Supreme Court, Borrowers, Foreclosure, Mortgage Lenders, Mortgage Servicers

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Robert Patterson

New Decision from the D.C. Court of Appeals Recognizes Additional Defenses to HOA Super-Priority Lien Statute

As we noted in last week’s blog post, the District of Columbia Court of Appeals issued a decision on March 1, 2018, that created a new wave of uncertainty for lenders with loans secured by deeds of trust on condominium units in…more

Condominium Associations, Condominiums, Deed of Trust, Foreclosure, Homeowners Association (HOA)

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Paul Patton

Why President Trump Can't Just Re-Write the Rules: The EB-5 Program’s Congressional Lock | Insights & Events

The EB-5 Immigrant Investor Program, created in 1990 under the Immigration Act, provides a pathway for foreign nationals to obtain U.S. residency through investments in American businesses that generate jobs. Tuesday, President…more

Constitutional Challenges, EB-5, Executive Orders, Foreign Nationals, Immigration Procedures

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Hunter Pearce

Federal District Court in Florida Holds FCA’s Qui Tam Provisions Unconstitutional

Mandatory disclosure obligations significantly changed for federal grant recipients, sub-recipients, and applicants on October 1, 2024. The amended federal regulation establishing these mandatory disclosures (2 C.F.R. § 200.113)…more

Appointments Clause, Article II, False Claims Act (FCA), Florida, Fraud

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Theodore Pearce

When Is a Waiver of the Right to Arbitrate a Waiver?

Arbitration continues to be a growing preference for dispute resolution. Mandatory arbitration provisions are found in a variety of commercial contracts, especially in consumer agreements. In fact, it has been reported in a 2018…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Commercial Contracts

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Elizabeth Penn

CFPB Proposed Rule Could Allow Agencies without Jurisdiction to Access CSI

The CFPB issued a proposed rule which significantly affects third-party access to information obtained by the Bureau. In addition to public requests under the Freedom of Information Act, the Privacy Act of 1974 and in legal…more

Banking Sector, Comment Period, Confidential Information, Confidential Supervisory Information, Consumer Financial Protection Bureau (CFPB)

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Michael Pennington

Circuit Split on Incentive Payments to Class Representatives Deepens

Two years ago, in Johnson v. NPAS Solutions, LLC, the Eleventh Circuit upended decades’ worth of precedent by categorically forbidding incentive payments to class representatives in class action settlements..…more

Appeals, Class Action, Class Representatives, FRCP 23, Incentive Awards

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John Perry Jr.

CMS Proposes Significant E/M Coding and Documentation Changes - Healthcare Alert

On July 27, 2018, the Centers for Medicare & Medicaid Services (CMS) published its proposed annual update to the Medicare Physician Fee Schedule, which proposes changes to the E/M coding and documentation process that CMS…more

Centers for Medicare & Medicaid Services (CMS), Coding, HCPCS, Health Care Providers, Health Information Technologies

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Sabah Petrov

Court Separates Facts from Fiction – Lack of Supporting Project Documents Dooms Contractor

A recent decision from the U.S. District Court for the Southern District of Florida demonstrates how facts supported by documents generated during the project can be vital to prime contractor/subcontractor disputes. In Berkley…more

Breach of Contract, Construction Contracts, Construction Disputes, Construction Industry, Construction Litigation

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Gregory Pipes

We Wish You a Happy Thanksgiving as We Count Our Blessings

As we all hit the grocery store for that forgotten cranberry sauce and send a few last urgent work emails, we hope everyone is able to be with friends and family this Thanksgiving. Here at Bradley, we are counting our blessings…more

Anti-Discrimination Policies, Automatic Stay, Bankruptcy Code, CARES Act, Consumer Financial Protection Bureau (CFPB)

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Sinan Pismisoglu

Ransomware Reckoning – The New Bill Changes the Game

The Intelligence Authorization Act for Fiscal Year 2025 (S.4443) is a bold legislative step in addressing ransomware as a critical threat. The act’s provisions, from elevating ransomware to a national intelligence priority to…more

Artificial Intelligence, Cyber Crimes, Cyber Threats, Cybersecurity, Legislative Agendas

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Corbin Potter

Alabama Medical Cannabis Study Commission Holds Final Meeting - Cannabis Industry News Alert

The Alabama Medical Cannabis Study Commission held its fourth and final meeting in Montgomery on November 7. As in the previous meetings, the meeting was organized around presentations from individuals representing different…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Dispensaries, Marijuana, Marijuana Related Businesses

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David Pratt

The Real Estate Joint Venture: Watch Your Step on This Path to Riches

Most of our posts focus on issues related to Texas private companies such as LLCs or corporations, but the real estate joint venture (JV) is another distinct but common way for two or more private parties to form a legal entity…more

Commercial Real Estate Market, Joint Venture, Partnerships, Real Estate Development, Real Estate Investments

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Grant Premo

California Prepares to Add New Student Loan Servicing Regulations

The California Department of Financial Protection and Innovation (DFPI) recently issued a Notice of Modification to Proposed Regulations and published the newly modified proposed regulations to amend its student loan servicing…more

California, Department of Financial Protection and Innovation (DFPI), Income Share Agreements, Loan Servicing, Notice of Proposed Rulemaking (NOPR)

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Todd Presnell

Only in the Movies? Court Suspends Lawyer for Breaching Attorney–Client Privilege

Have you ever heard a story and thought, “That only happens in the movies!”? Well, this story may invoke that thought, but unfortunately for one lawyer, it transpired in real life. Although the rule is clear that lawyers cannot…more

Attorney-Client Privilege, Privileged Communication, Professional Disciplinary Actions, Rules of Professional Conduct, Suspensions & Debarments

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J. David Pugh

Don’t Put Too Much on Your Plate: Practical Advice for Thanksgiving (and Drafting a Complaint)

It’s that time of year again when we Americans stop and give thanks for all that has been provided to us by gathering with friends and family to gorge ourselves on food. The traditional Thanksgiving meal, at least where I am…more

Breach of Contract, Breach of Warranty, Construction Litigation, Contract Disputes, Federal Contractors

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Christopher Puri

CMS Publishes Final Rule for Minimum Staffing Standards in Skilled Nursing Facilities

As part of the Biden administration’s initiative to ensure safe and quality care in long-term care facilities, on May 10, 2024, the Centers for Medicare & Medicaid Services (“CMS”) published a final rule implementing minimum…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Healthcare, Long Term Care Facilities

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Alex Purvis

California Appeals Court Says No Duty to Defend Where Policy Exclusion Applies

In Ali Heidari v. Golden Bear Insurance, a California appeals court recently affirmed a lower court’s decision to deny relief under a CGL policy, where the policy excluded from coverage work performed by subcontractors under the…more

Appeals, California, Construction Defects, Construction Industry, Construction Litigation

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Patrick Quigley

Key Legal Issues Facing U.S. Government Contractors in 2025

As the regulatory environment continues to evolve in the new administration, U.S. government contractors are facing an increasingly complex array of legal challenges. Staying compliant and competitive requires close attention to…more

Bid Protests, Buy America, Buy American Act, Compliance, Cybersecurity

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Lauren Raines

Florida Homestead Exemption Applies Only to U.S. Citizens and Permanent Residents

A bankruptcy judge in the Middle District of Florida recently sustained a Chapter 7 trustee’s objection to a non-Florida resident debtor’s attempted claim of the Florida homestead exemption. Although the debtor had lived in her…more

Bankruptcy Court, Chapter 7, Citizens, Creditors, Florida

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Virginia Broughton Reeves

Alabama CON Report

I. Certificate of Need Program - A. AL2018-008, Eastchase Operations, LLC d/b/a The Crossings at Eastchase, Montgomery, AL: Proposes to construct and operate thirty-two (32) Specialty Care Assisted Living Facility (“SCALF”)…more

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

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Brianna Rhymes

False Claims Act: 2024 Year in Review

Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2024 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends. In…more

Anti-Kickback Statute, Cybersecurity, Damages, Department of Justice (DOJ), False Claims Act (FCA)

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J. Sims Rhyne

Year-End Tax Planning with Tax Credit-Funded Scholarships

The Alabama Accountability Act provides state income tax credits to certain donors who make contributions to a state-approved scholarship granting organization (SGO). Alabama’s neediest school children can be helped at little or…more

Charitable Donations, Department of Revenue, Public Schools, Scholarships, State and Local Government

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Haydn Richards Jr.

Georgia Passes Historic Mortgage Licensing Law

On May 2, 2022, Georgia Gov. Brian Kemp signed SB 470, which amends provisions of Georgia’s banking laws relating to the denial or revocation of a mortgage license or registration due to certain felony convictions. SB 470 will…more

Governor Kemp, Mortgage Lenders, Mortgage Loan Originators, SAFE Act

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J. Thomas Richie

Amending Away Federal Jurisdiction: Supreme Court Holds That Federal Jurisdiction Can Be Divested by Amendment

Federal courts can adjudicate state-law claims arising out of the same facts as federal-law claims under 28 U.S.C. § 1367, but what happens if, after removal, the plaintiff amends her complaint to remove the federal questions…more

CAFA, Class Action, Federal Court Litigation, Jurisdiction, Motion to Dismiss

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Allison Richter

Key MHPAEA Issues for Plan Sponsors: What to Know for 2025

The Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) mandates that group health plans and health insurance issuers that offer mental health or substance use disorder (MH/SUD) benefits must provide such benefits in…more

Benefit Plan Sponsors, Department of Labor (DOL), Employee Benefits, Health Insurance, Healthcare

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Nathan Ridley

Tennessee CON Report

I. August 2017—Tennessee Certificate of Need Meeting - The agency approved the following applications during the August 23 meeting. A. Consent Agenda - 1. Vanderbilt University Medical Center, Nashville (Davidson…more

Ambulatory Surgery Centers, Certificate of Need, Health Care Providers, Healthcare Facilities, Hospitals

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Brian Robbins

IRS Provides Additional Clarity Regarding Donations to Scholarship Granting Organizations - SALT Alert: Alabama Edition

On December 16, the Internal Revenue Service (IRS) and the Treasury Department issued proposed regulations... that provide some good news and needed clarification for C corporations, individuals, and S corporations and other…more

C-Corporation, Charitable Donations, Income Taxes, Internal Revenue Code (IRC), IRS

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Brad Robertson

Eleventh Circuit Further Clarifies its “Reliable Indicia” Pleading Standard Under the False Claims Act

It has long been the law of the Eleventh Circuit that, under the False Claims Act (FCA) and Federal Rule of Civil Procedure 9(b), a relator must provide sufficient “indicia of reliability … to support the allegation of an actual…more

Appeals, False Claims Act (FCA), Federal Rules of Civil Procedure, Fraud, Government Agencies

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Douglas Robertson

Navigating Claims Under the Florida Telephone Solicitation Act and Florida Telemarketing Act

A recent decision out of the U.S. District Court for the Middle District of Florida was very favorable for businesses defending Florida Telephone Solicitation Act (FTSA) and Florida Telemarketing Act (FTA) claims. The decision…more

Automation Systems, Class Action, Commercial Litigation, Dismissals, Florida

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Ryan Robichaux

FEC Raises Contribution Limits to Keep Pace with Inflation

Following historic levels of inflation in 2022, the Federal Election Commission (FEC) announced a major increase to contribution limits for 2023-2024 — the largest in nearly two decades. Most of the changes impact…more

Campaign Contributions, Contribution Limits, Federal Election Commission (FEC), PACs

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Ashley Robinson

In His Trademark Era: Will Travis Kelce be Successful in Filing a Trademark Application to Protect His Name?

Is Travis Kelce’s newfound status as Taylor Swift’s boyfriend enough to meet the United States Patent and Trademark Office’s (USPTO) “acquired distinctiveness” standard? He plans to find out with the help of Time Person of the…more

Acquired Distinctiveness, Intellectual Property Protection, Trademark Registration, Trademarks, USPTO

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J. Hunter Robinson

Cannabis Day: Top 10 Weed Roundup of Budding Trends’ Trendiest Blog Posts of the Year

As the hallowed cannabis holiday for stoners-turned-business-entrepreneurs falls upon us, we find ourselves in the shifting sands of change in the cannabis industry as usual. Not surprisingly, many states have seen legislation…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries, Government Agencies

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Laura Schiele Robinson

Defense of Marriage Act: What the U.S. Supreme Court’s Windsor Decision May Mean for Employer-Sponsored Benefit Plans

Now that the U.S. Supreme Court has ruled in U.S. v. Windsor that the federal Defense of Marriage Act (“DOMA”) is an unconstitutional “deprivation of the equal liberty of persons that is protected by the Fifth Amendment of the…more

Discrimination, DOMA, Due Process, Employee Benefits, Equal Protection

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J. Andrew Robison

SEC Issues Stern Reminder for Timely Filing of Beneficial Ownership Reports

After years of little enforcement action, the Securities and Exchange Commission (“SEC”) issued a press release yesterday announcing charges against 28 officers, directors, or major shareholders for violating federal securities…more

Beneficial Owner, Deadlines, Directors, Enforcement, Enforcement Actions

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John Rodgers

Dusting Off the Ol’ Employee Handbook for 2025

As we prepare for 2025, it’s essential to update your employee handbook to reflect the latest legal requirements, workplace trends, and best practices. Now is an opportune time to review and revise your policies to ensure…more

Anti-Harassment Policies, Classification, Employee Handbooks, Employees, Employer Liability Issues

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Timothy Rodriguez

NGA Explicitly Strips Jurisdiction, So Decision in Bohon v. FERC Reinstated

On February 13, 2024, the United States Court of Appeals for the District of Columbia Circuit once again rejected a challenge to the Federal Energy Regulatory Commission’s (FERC) decision to award a Certificate of Public…more

Appeals, Energy Sector, FERC, Natural Gas, Oil & Gas

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Wendi Campbell Rogaliner

Does the End Justify the Means? Privacy Advocates React to the Cooper Davis Act

This summer, a proposed amendment to the Controlled Substances Act known as the Cooper Davis Act (the “Act”) is making its way through congressional approvals and causing growing dissension between and among parents, consumer…more

Compliance, Controlled Substances Act, Counterfeiting, DEA, Department of Justice (DOJ)

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E. Mabry Rogers

The Risk of Fighting on Two Fronts: Court Admits Evidence of General Contractor’s Claims Against Other Parties

The court in AECOM v. Flatiron is back at it issuing additional evidentiary rulings as the parties head to trial later this month. These latest rulings highlight the risk of seeking the same damages from multiple parties,…more

Construction Contracts, Construction Industry, Construction Litigation, Construction Project, Damages

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Mason Rollins

Alabama Lien Law 101

You did not get paid for your labor and material, so you ask, what can I do? Alabama’s lien law provides you an opportunity to place a lien on the property for certain unpaid amounts for labor and materials. If you follow the…more

Alabama, Construction Contracts, Construction Industry, Construction Project, Contract Disputes

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Amy Magdanz Rose

New Mortgage Licensing Requirements Come to the West

During this pandemic, both Idaho and South Dakota have been busy adding new mortgage licensing requirements. As discussed below, these new licensing requirements will materially impact mortgage lenders and servicers doing…more

Borrowers, Licensing Rules, Mortgage Lenders, Mortgage Loan Originators, Mortgages

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David Roth

NYDFS’s New (and Expanded) Servicer Vendor Management Expectations

Originally proposed by the New York Department of Financial Services (NYDFS) in 2019 and constituting what the Mortgage Bankers Association has described as “the first major update to Part 419 since its adoption almost 10 years…more

Comptroller, Consumer Financial Protection Bureau (CFPB), FDIC, Financial Services Industry, Mortgage Bankers Association

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Brian Rowlson

Step-by-Step: Failure to Strictly Comply With Dispute Resolution Procedure Can Waive Contractual Right to Arbitrate

Most state and federal courts have expressed a strong preference for parties to resolve their legal disputes via binding arbitration when there is an arbitration clause applicable to the dispute, but there are instances where…more

Appeals, Arbitration, Arbitration Agreements, Construction Disputes, Construction Industry

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Lily Rucker

Preparing for a Future ICE Storm? Steps Employers Can Take to Prepare for Expected Increase in Immigration Enforcement

With each new presidential administration, prognosticators attempt to forecast coming enforcement priorities. President-elect Donald Trump’s return to the White House is no exception, and theories abound regarding the manner and…more

Compliance, Department of Homeland Security (DHS), Employees, Employer Liability Issues, Enforcement Actions

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Emily Ruzic

NGA Explicitly Strips Jurisdiction, So Decision in Bohon v. FERC Reinstated

On February 13, 2024, the United States Court of Appeals for the District of Columbia Circuit once again rejected a challenge to the Federal Energy Regulatory Commission’s (FERC) decision to award a Certificate of Public…more

Appeals, Energy Sector, FERC, Natural Gas, Oil & Gas

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Erin Saltaformaggio

Assessing the Playing Field After Mississippi’s Medical Cannabis Opt-Out Deadline Expires

May 4th celebrates Star Wars, and May 5th is Cinco de Mayo. While not as popular, May 3rd still likely means a lot of different things to a lot of different people. But, in Mississippi, in 2022, May 3rd was a date circled on…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Deadlines, Legislative Agendas, Licenses

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Owen Salyers

CBCA and ASBCA Issue 2024 Annual Reports

The Civilian Board of Contract Appeals (CBCA) recently published its annual report, providing key statistics on cases filed at and adjudicated by the CBCA in Fiscal Year (FY) 2024. Of note, the CBCA found in favor of the…more

Annual Reports, Armed Services Board of Contract Appeals, Board of Contract Appeals, CBCA, Construction Industry

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E. Tyler Samsing

Privacy Crisis: Does Personal Privacy Matter During a Pandemic?

This is the first alert in a series of Bradley installments on privacy issues that may arise during the current COVID-19 pandemic. This first installment focuses on disclosure of personally identifiable health information under…more

Coronavirus/COVID-19, Data Privacy, Electronic Protected Health Information (ePHI), Government Agencies, Health Insurance Portability and Accountability Act (HIPAA)

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Ethan Sanders

Two-Minute Drill: Department of Education Guidance and Department of Justice Weigh in on House Settlement

Change is inevitable. This sentiment resonates across the college sports landscape. Few, if any, would argue that the current model of college athletics is sustainable. While fans continue to tune in and March Madness remains a…more

Antitrust Provisions, College Athletes, Department of Education, Department of Justice (DOJ), Intellectual Property Protection

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Tara Sarosiek

False Claims Act: 2024 Year in Review

Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2024 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends. In…more

Anti-Kickback Statute, Cybersecurity, Damages, Department of Justice (DOJ), False Claims Act (FCA)

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Patrick Schach

How’d You Score That? CFPB Fines Experian Because of Misleading Credit Score Marketing

Whether it’s a football game, a standardized test, or a person’s credit, scores matter. In the case of consumer credit scores, the difference between falling in the high and low ends of the score spectrum impacts the financial…more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Credit Reporting Agencies, Credit Reports, Experian

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Angela Schaefer

Growing Consensus in the Courts of Appeals against Alternative-Citizenship Theory of Diversity under CAFA

If a putative class of plaintiffs, all citizens of State A, sues a corporate defendant, which the law considers to be a citizen of State A and State B, in state court, may the defendant remove the case to federal court under the…more

Appeals, Article III, CAFA, Citizenship, Diversity Jurisdiction

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Jonathan Schulz

South Carolina Ruling Gives Lenders Flexibility on When to Foreclose in Face of Borrower Litigation

In a ruling that will provide guidance on when lenders must raise a foreclosure counterclaim in a borrower lawsuit, the South Carolina Court of Appeals in Deutsche Bank National Trust Company v. Estate of Patricia Ann Owens…more

Borrowers, Compulsory Claims, Deutsche Bank, Foreclosure, Lenders

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Justin Scott

Calling All Apprentices: National Guidelines for Apprenticeship Standards Approved by DOL for Renewable Energy Projects

Nearly two and a half years after the Inflation Reduction Act of 2022 (IRA) became law, developers and contractors continue to adjust to the new normal for renewable energy projects: compliance with prevailing wage and…more

Apprenticeships, Construction Industry, Department of Labor (DOL), Energy Projects, Inflation Reduction Act (IRA)

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Stephanie Scruggs

Preliminary Injunction Halts Sales of Tumor-Informed Cancer Screening Test

Late last week in Natera, Inc. v. NeoGenomics Laboratories, Inc. (24-1324), the Federal Circuit affirmed a preliminary injunction ruling from the lower court that mostly prohibits NeoGenomics from selling its oncology test…more

Appeals, Claim Construction, Likelihood of Success, Patent Infringement, Patent Invalidity

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Christina Seanor

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,…more

Appeals, Bostock v Clayton County Georgia, Corporate Counsel, Discrimination, Employees

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Jared Searls

W.Va. Consumer Law Changes Offer Help For Finance Cos.

On March 29, in a development that provides some measure of relief to businesses operating in West Virginia, particularly within the financial services industry, Gov. Jim Justice signed into law amendments to the West Virginia…more

Attorney's Fees, Consumer Credit Protection Act (CCPA), Financial Services Industry, Governor Justice, New Amendments

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Jack Selden

False Claims Act: 2024 Year in Review

Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2024 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends. In…more

Anti-Kickback Statute, Cybersecurity, Damages, Department of Justice (DOJ), False Claims Act (FCA)

See all updates »

J. Christopher Selman

Alabama Supreme Court Overturns Directed Verdict in Workplace Injury Lawsuit

On November 8, 2024, in Marina v. Bama Reinforcing, LLC, the Alabama Supreme Court addressed a trial court’s directed verdict on an injured construction worker’s negligence action. The worker was employed as a concrete finisher…more

AL Supreme Court, Construction Industry, Construction Litigation, Contractors, Jury Verdicts

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Eric Setterlund

Top 10 takeaways from the new HIPAA security rule NPRM

On Jan. 6, 2025, the U.S. Department of Health and Human Services (HHS) proposed new regulations to enhance cybersecurity protections for electronic protected health information (ePHI) under the Health Insurance Portability and…more

Business Associates, Comment Period, Cybersecurity, Data Privacy, Data Protection

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Brooke Sgambati

Ciminelli One Year Later: The Evolving Reach of the Wire Fraud Statute

The federal wire fraud statute, 18 U.S.C. § 1343, is one of the commonly used statutes in federal white-collar criminal cases. In our digital age, nearly any significant fraud or scheme could probably be charged as a wire fraud…more

Ciminelli v US, Cybersecurity, Enforcement Actions, Intent to Defraud, SCOTUS

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Charles Sharman

Contextual “Construction” of Force Majeure Clauses

The Texas Supreme Court recently provided new guidance in interpreting force majeure language in an oil and gas drilling dispute. In Point Energy Partners Permian, LLC v. MRC Permian Company, the court held that the oil and gas…more

Construction Contracts, Construction Industry, Construction Litigation, Construction Project, Contract Interpretation

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Andrew Shaver

Distressed Long Term Care Assets: Receiverships

It is not a secret that the long term care and senior housing industry continues to experience significant financial distress due to, among other things, the lingering effects of the COVID-19 pandemic and rising interest rates…more

Buyers, Coronavirus/COVID-19, Distressed Assets, Financial Distress, Healthcare

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Deke Shearon

Insurance – Texas Style, Part 1: Stowers Liability and Insurance Towers

This is the first in a series of discussions about insurance issues unique to the Lone Star State. For nearly a century, the Stowers doctrine has been a critical cornerstone of Texas insurance law protecting insureds facing…more

Excess Policies, Insurance Contracts, Insurance Litigation, Insurance Regulations, Liability

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David Sheinbein

U.S. Tariffs on Steel and Aluminum: Navigating the Changing Landscape in 2025

The United States is actively using tariffs to achieve its economic and political goals. Whether or not you agree with this policy approach, as a participant in the global economy you had better pay careful attention to the…more

Aluminum Sales, Biden Administration, Contract Terms, Executive Orders, Imports

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Brian Shelton

Tennessee Property Tax Assessment Appeals: Davidson County in Reappraisal Year

With Davidson County and several other Tennessee counties in reappraisal years, we remind Tennessee property owners that now is the time to request an appointment to appeal real or personal property assessments if you disagree…more

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Avery Simmons

North Carolina Muddies the Water on the Economic Loss Doctrine

A pair of recent rulings involving the economic loss doctrine from North Carolina serve as a timely reminder to carefully consider the extent of contractual remedies in negotiation of construction agreements – lest a later…more

Breach of Contract, Construction Contracts, Construction Industry, Construction Litigation, Economic Loss Doctrine

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Rachel Sims

What’s in a Name? Too Much to Trademark According to the USPTO

With the U.S. Supreme Court beginning a new session, many are wondering what new issues the Court will address this term. One case the Court is scheduled to hear involves the relationship between the Lanham Act and First…more

Appeals, First Amendment, Intellectual Property Protection, Lanham Act, Oral Argument

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Timia Skelton

What to Know About the War Being Waged Against DEI

Can you still have DEI (diversity, equity, and inclusion) programs? How about affirmative action plans? The Supreme Court’s June 2023 decision in Students for Fair Admissions v. Harvard garnered national attention in holding…more

Affirmative Action, Civil Rights Act, Diversity, Diversity and Inclusion Standards (D&I), Employees

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Edward Sledge IV

Truly Understanding NFJE's Diversity

NFJE annually opens its NFJE Symposium to appellate judges from all over the country and from all walks of life without regard to race, ethnicity, socioeconomic status, gender identity or sexual orientation. But NFJE…more

Appellate Courts, Diversity, Diversity and Inclusion Standards (D&I), Ethnicity, Gender Identity

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Brooks Smith

CARES Act Augments Small Business Loan Programs: What You Need to Know to Act Now

On Friday, March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) intending to address and alleviate much of the economic stress resulting from the Coronavirus…more

CARES Act, Coronavirus/COVID-19, Eligibility, Paycheck Protection Program (PPP), Relief Measures

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Frederic Smith Jr.

SBA Issues Interim Final Rule on PPP Loan Forgiveness

Under the Paycheck Protection Program (PPP), borrowers can seek loan forgiveness of the full principal amount of loans as early as eight weeks after disbursement of the loan proceeds. On May 22, 2020, the U.S. Small Business…more

Applications, Borrowers, CARES Act, Coronavirus/COVID-19, FTEs

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Scott Burnett Smith

Circuit Split on Incentive Payments to Class Representatives Deepens

Two years ago, in Johnson v. NPAS Solutions, LLC, the Eleventh Circuit upended decades’ worth of precedent by categorically forbidding incentive payments to class representatives in class action settlements..…more

Appeals, Class Action, Class Representatives, FRCP 23, Incentive Awards

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George Smith II

Guest Column: For Alabama Companies Doing Business in Afghanistan, Some Legal Thoughts

The unprecedented speed of the collapse of the former Afghan central government is a humanitarian tragedy. The magnitude of which is rightfully distracting from the immediate near-term and long-term legal issues that those who…more

Afghanistan, Biden Administration, Business Entities, Economic Sanctions, Export Controls

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Rachel Sodée

Now That It Appears Marijuana Is Being Rescheduled, How Does That Process Work?

As we at Budding Trends reported last week, the DEA is set to finally accept the recommendation of the U.S. Department of Health and Human Services (HHS) to reschedule marijuana from Schedule I to Schedule III under the…more

Administrative Law Judge (ALJ), Cannabis Products, Congressional Review Act, Controlled Substances Act, DEA

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Erika Sonstroem

Georgia Exempts Manufactured Home Retailers/Brokers from Mortgage Broker Licensing

Effective July 1, 2019, Georgia House Bill 212 will affirmatively exempt retailers or retail brokers of manufactured or mobile homes from the state’s “mortgage broker” definition under Ga. Code Ann. § 7-1-1000. The bill…more

Amended Rules, Exemptions, Licensing Rules, Manufactured Housing, Mobile Homes

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Fritz Spainhour

A Sight for Sore Eyes: Sixth Circuit Rejects Government’s Expansive AKS and FCA Theories in Ophthalmologist Dispute

This week, the Sixth Circuit closed two paths the government and relators have tried to take to expand liability for medical providers under the Anti-Kickback Statute (AKS) and False Claims Act (FCA): the meaning of…more

Anti-Kickback Statute, Causation, False Claims Act (FCA), Health Care Providers, Healthcare Fraud

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D. Butler Sparks

Coverage for Cannabis? How Cannabis’s Legal Limbo Affects Property Insurance Policies

A recent federal court of appeals’ decision raises interesting questions for all policyholders, particularly commercial and residential landlords with tenants that grow, possess, and/or distribute cannabis, even where it is…more

Commercial Tenants, Federal v State Law Application, Insurance Industry, Landlords, Marijuana

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Maddie Spearman

CMS Publishes Final Rule for Minimum Staffing Standards in Skilled Nursing Facilities

As part of the Biden administration’s initiative to ensure safe and quality care in long-term care facilities, on May 10, 2024, the Centers for Medicare & Medicaid Services (“CMS”) published a final rule implementing minimum…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Healthcare, Long Term Care Facilities

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Frankie Spero

BABC eDiscovery Newsletter - April 2013

In this issue: - The Firm’s Ediscovery Team Attorneys - Case Insights - Editor’s Corner - Excerpt from Peerless Industries, Inc. v. Crimson Av, LLC, Case No. 1:11-cv-1768, 2013 U.S. Dist. LEXIS 2985…more

Clawbacks, Document Productions, Document Review, Email, Record Preservation

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Stephen Spivack

False Claims Act - 2021 Year in Review

The year 2021 marks the 10th anniversary of the Bradley False Claims Act Year in Review. In that decade, much has remained the same in FCA enforcement. To start with the obvious: It continues to result in billions of dollars in…more

Alternate Remedy, Anti-Kickback Statute, CARES Act, Causation, Class Action

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Caroline Dare Spore

What to Expect When You’re Expecting a Biometric Class Action: Settlements

Biometric class actions have proliferated in recent years — and with more states eyeing comprehensive data privacy legislation, companies that use biometric data should plan for the surge to grow. With rare exceptions, these…more

Biometric Information, Biometric Information Privacy Act, Class Action, Corporate Counsel, Data Privacy

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Gabrielle Sprio

What to Do If the Government Doesn’t Pay You as a Federal Contractor

Winning a federal contract can be a significant opportunity, but what happens if the government doesn’t pay you on time — or at all? While the federal government is typically a reliable payer, delays or disputes can arise,…more

Appeals, Breach of Contract, Contract Disputes, Contract Terms, Dispute Resolution

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Whitt Steineker

Court Voids Alabama Medical Cannabis Awards: What’s Next on This Far Too Long, Too Strange Trip?

On Monday — the day after the holiest of days on the cannabis calendar and just days after a hearing during which the Montgomery County Circuit Court heard arguments about whether an emergency rule promulgated by the AMCC in…more

Alabama, Appeals, Government Agencies, Injunctions, Judicial Authority

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Mike Stephens

In Midst of COVID-19 Pandemic, Plaintiff Sues to Challenge Tennessee’s Vote-By-Mail Procedures

Heading into this year, 2020 was set to be one of the most interesting and consequential elections in recent history. However, the 2020 election cycle has been upended by the spread of the deadly COVID-19 virus. Voters standing…more

Absentee Voting, Coronavirus/COVID-19, Governor Lee, Mail-In Ballots, State and Local Government

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Charles Stewart

US Regional Employment 2021: Alabama | Insights & Events

Law and Practice Chambers - The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal commentary…more

Alabama, Black Lives Matter, Compensation & Benefits, Coronavirus/COVID-19, Discrimination

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Dave Stewart

Coronavirus Economic Stabilization Act of 2020: Implications for Consumer Financial Services

On Friday, President Trump signed the Coronavirus Economic Stabilization Act of 2020 (CARES Act). The significant legislation directs more than $2 trillion into fighting the COVID-19 pandemic and stimulating America’s economy…more

CARES Act, Consumer Financial Products, Coronavirus/COVID-19, Financial Services Industry

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J. David Stewart III

Congress Passes “Stimulus 3.5” to Aid Small Businesses, Hospitals, and Virus Testing

The House and Senate have passed the latest round of emergency stimulus measures to address the COVID-19 crisis – a $484 billion package geared toward helping small businesses and hospitals negatively affected by the virus…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Financial Stimulus, Hospitals

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Zachary Stewart

Alabama Supreme Court’s Recent Ruling on Indemnity Clauses Could Impact Construction Contracts: Key Drafting Considerations

Hark! A recent Alabama Supreme Court indemnity decision, Mobile Infirmary Association v. Quest Diagnostics Clinical Laboratories, may require you to retrieve your drafting pen. Although not a case involving a construction…more

Construction Contracts, Construction Disputes, Construction Project, Contract Disputes, Indemnity

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Erin Sullivan

False Claims Act: 2024 Year in Review

Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2024 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends. In…more

Anti-Kickback Statute, Cybersecurity, Damages, Department of Justice (DOJ), False Claims Act (FCA)

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Robert Symon

Virginia Is for Lovers… of Strict Contract Language: New Law Prohibits Pay-if-Paid Clauses in Construction Contracts

Virginia has joined the growing number of states that prohibit “pay-if-paid” clauses. The new law, known as Virginia Senate Bill 550, amends Virginia’s Prompt Payment Act (Va. Code § 2.2-4354) and its relatively new (July 1,…more

Construction Contracts, Construction Industry, Contract Terms, General Contractors, New Legislation

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Zeterrika Tanner

Tennessee CON Report

I. August 2017—Tennessee Certificate of Need Meeting - The agency approved the following applications during the August 23 meeting. A. Consent Agenda - 1. Vanderbilt University Medical Center, Nashville (Davidson…more

Ambulatory Surgery Centers, Certificate of Need, Health Care Providers, Healthcare Facilities, Hospitals

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David Taylor

Mistake No. 10 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Treating Your Arbitrator Like Santa

I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator…more

Arbitration, Arbitrators, Construction Contracts, Construction Industry, Construction Litigation

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William Thistle, II

IRS Announces Broad Filing and Payment Extensions to Hurricane Victims; Alabama DOR Offers “Case-by-Case” Relief | Insights & Events

On October 1, the Internal Revenue Service (IRS) issued a sweeping notice regarding Hurricane Helene relief. The disaster tax relief covers all individuals and businesses affected by Hurricane Helene, “including the entire…more

Excise Tax, Filing Deadlines, Hurricane Season, IRS, Natural Disasters

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D. Bryan Thomas

Grounds for Vacating an Arbitration Award Remain Extremely Limited

The Eleventh Circuit Court of Appeals issued a decision last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures. The case involves an international arbitration before…more

Appeals, Arbitration, Arbitration Awards, Arbitrators, Construction Disputes

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Michael Thomason Jr.

SEC Broadens the Accredited Investor Definition for Private Offerings

On August 26, 2020, the Securities and Exchange Commission (SEC) adopted amendments to the definition of “accredited investor,” allowing individual investors with certain financial knowledge and professional expertise to qualify…more

Accredited Investors, Investors, Private Offerings, Proposed Amendments, Qualified Institutional Buyers

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Alexander Thrasher

Summary of Recent Amendments to Alabama’s Public Works Statutes

The Alabama Legislature recently made several changes to requirements for public works projects that go into effect September 1, 2023. Here’s a summary of the notable changes: Section 39-1-1 - Section 39-1-1 mandates…more

Alabama, Federal Contractors, Funding, New Amendments, Public Bidding

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John Titus

SEC Issues Stern Reminder for Timely Filing of Beneficial Ownership Reports

After years of little enforcement action, the Securities and Exchange Commission (“SEC”) issued a press release yesterday announcing charges against 28 officers, directors, or major shareholders for violating federal securities…more

Beneficial Owner, Deadlines, Directors, Enforcement, Enforcement Actions

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J. Thomas Trent Jr.

Conducting Public Meetings During the COVID-19 Pandemic

On March 30th and April 2nd, Tennessee Gov. Bill Lee issued Executive Orders No. 22 and No. 23, respectively, which instituted a statewide Safer at Home Order to remain in effect until April 14, 2020. Many cities and counties…more

Coronavirus/COVID-19, Executive Orders, Governor Lee, Health and Safety, Open Meetings Act

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Jennifer Trulock

Investigations: Employers Can Avoid Getting in Their Own Way with Some Planning

At some point, every employer will need to investigate an employee’s complaint. An investigation is an important tool that employers can use to fix a workplace problem and minimize liability. Or, an investigation can create…more

Anti-Retaliation Provisions, Corporate Counsel, Employee Misconduct, Employee Rights, Employer Liability Issues

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Jason Tullos

5th Circuit Rules Intent to Arbitrate Trumps Defunct Forum

The Fifth Circuit ruled that Baker Hughes Saudi Arabia and Dynamic Industries, Inc., could be compelled to arbitration in a forum that no longer exists. In doing so, the court ruled that the parties’ “dominant purpose was to…more

Appeals, Arbitration, Arbitration Agreements, Binding Arbitration, Breach of Contract

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Thor Urness

Time to Review Your Confidentiality Agreements: New Federal Trade Secrets Act Creates Private Right of Action and Imposes New Employer Obligations

The Defend Trade Secrets Act of 2015 (DTSA), which establishes a new federal private right of action for trade secret misappropriation, is now the law. Trade secrets, the fourth leg of the intellectual property chair, have long…more

Asset Seizure, Confidential Information, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Ex Parte

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Richard Vann Jr.

Small Lenders May Get Relief from New Home Mortgage Disclosure Act Reporting Requirements

On January 18, 2018, the House gave small lenders a late Christmas present when it passed H.R. 2954 known as the Home Mortgage Disclosure Adjustment Act. The act amends the existing Home Mortgage Disclosure Act (HMDA) by easing…more

Banking Sector, Consumer Financial Protection Bureau (CFPB), HMDA, Mortgage Lenders, Mortgages

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Sarahanne Vaughan

Untangling the Web: SDNY Looks at ADA Internet Accommodations

Wait — why is my favorite employment law blog detouring into the world of website accessibility? If your business has a website, keep reading. If you read our blog regularly, you probably recall a few posts about website…more

Americans with Disabilities Act (ADA), Disability Discrimination, Internet, Public Accommodation, Title III

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Slates Veazey

Cannabis Day: Top 10 Weed Roundup of Budding Trends’ Trendiest Blog Posts of the Year

As the hallowed cannabis holiday for stoners-turned-business-entrepreneurs falls upon us, we find ourselves in the shifting sands of change in the cannabis industry as usual. Not surprisingly, many states have seen legislation…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries, Government Agencies

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Jose Vega

Canadian Confidential: Mandatory Data Breach Notifications under PIPEDA

While businesses and consumers were all agog to see the latest variation of the California Consumer Privacy Act passed earlier this year, Canada quietly introduced its latest permutation to the Personal Information Protection…more

Canada, Cross-Border, Cybersecurity, Data Breach, Data Privacy

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Laurence Vinson Jr.

Mortgage Servicer Must Post ACH Payment on Date of Authorization, Appeals Court Says

In Fridman v. NYCB Mortgage Co., the U.S. Court of Appeals for the Seventh Circuit recently held that If a customer authorizes an electronic payment via the servicer’s website, the servicer must credit the payment as of the date…more

ACH Payments, Mortgage Servicers, Regulation Z

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Lauren Vogel

That’s [Mis]Classified: What Employers Must Prove to Claim an FLSA Overtime Exemption

By now, everyone has heard about the Texas court putting the kibosh on the new salary exempt thresholds. In other exemption classification news, the United States Supreme Court is set to issue an opinion in early 2025 affecting…more

Corporate Counsel, Department of Labor (DOL), Employees, Employer Liability Issues, Evidentiary Standards

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Brian Alexander Wahl

No Free Houses—Florida Supreme Court Approves Fifth DCA’s Bartram Decision and Extension of Singleton v. Greymar

The mortgage industry scored a significant victory last week when the Florida Supreme Court released its decision in Bartram v. U.S. Bank, N.A. broadly approving of the approach taken by the Fifth District Court of Appeal and…more

Default, Dismissals, FL Supreme Court, Foreclosure, Mortgage Lenders

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Phillip Walker

Federal Circuit Rolls Back Geographic Descriptiveness Rejections for Trademark Applications

I’m sure Newbridge, Ireland, is a lovely place, but most Americans haven’t heard of it. That was the spirit of the Court of Appeals for the Federal Circuit’s decision in In re Newbridge Cutlery Co., involving the trademark…more

Geographically Descriptive, Trademarks

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Jason Walters

$25.5 Million Oklahoma Verdict: Jackpot Justice or Case Study on Bad Faith Litigation?

We all know how prevalent bad faith claims are. It seems like almost every case involving disputed policy benefits includes one. Many have no merit and should be disposed of on summary judgment. The rest, however, arguably have…more

Bad Faith, Breach of Contract, Denial of Insurance Coverage, Insurance Litigation, Jury Verdicts

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R. Thomas Warburton

Court Sends Wind Farm Developer Spinning by Ordering Removal of Wind Turbines in Significant Mineral Rights Holding

Recently, in United States v. Osage Wind, LLC, the Northern District of Oklahoma awarded permanent injunctive relief in favor of the Osage Nation and the United States against wind turbine farm developers in the form of…more

Energy Projects, Injunctive Relief, Land Developers, Mineral Rights, Mining

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Alysa Ward

Bringing Work Home: Emerging Limits on Monitoring Remote Employees

Along with the increasing number of remote work arrangements available to employees in the wake of the COVID-19 pandemic has come an exponential rise in employers’ use of employee monitoring technology. Nearly 80% of major U.S…more

Coronavirus/COVID-19, ECPA, Employee Monitoring, EU, Fair Labor Standards Act (FLSA)

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Bridget Warren

New York Bans Inquiry into Salary History

New York is now the latest state to ban all employers from asking about a job applicant’s salary and wage history. The law, which went into effect on January 6, 2020, expands the reach of anti-discrimination laws in New York…more

Anti-Discrimination Policies, Employer Liability Issues, Equal Pay, Job Applicants, Pay Equity Laws

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Sydney Warren

It’s a Family Affair: SCOTX Compels Non-Signatory Minor Children to Arbitrate Their Construction Defect Claims with Signatory Parents

A novel question arose over the past few years in residential construction law as to whether minors were subject to the contractual provisions in their parents’ purchase or construction contract. The contract typically has a…more

Appeals, Arbitration, Construction Contracts, Construction Defects, Construction Disputes

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Laura Washburn

SEC Approves Expanded Auditor’s Report

For better or worse, auditors' reports at public companies are going to become more interesting. How this will impact interactions between auditors, companies, audit committees and shareholders is not yet clear…more

Audit Reports, Audits, Financial Statements, PCAOB, Publicly-Traded Companies

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James Webb

Hell or High Water: Why Contractors Must Understand Contractual Risks

The Armed Services Board of Contract Appeals (“ASBCA”) recently denied a contractor’s claim for additional compensation as the contractor failed to establish its work was constructively suspended or that its contract was…more

Appeals, Armed Services Board of Contract Appeals, Bilateral Agreements, Construction Contracts, Construction Industry

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Jaime Weida

Don’t Mess with Texas or Its Cybersecurity and Data Privacy Laws

In recent years, the Lone Star State has been vigilant in enacting cybersecurity and data privacy laws to protect individuals and businesses from the disastrous effects of a data breach. Here is a timeline of previous…more

Cybersecurity, Data Privacy, Data Protection, Data Protection Acts, Data Security

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Christopher Wetzel

Justice Department Imposes $3.5 Million Civil Penalty, Strict Conditions Over Gun-Jumping Allegations

Earlier this month, the Department of Justice (DOJ) Antitrust Division filed a consent decree fining venue management firm Legends Hospitality $3.5 million over allegations that Legends improperly coordinated with an acquisition…more

Antitrust Division, Civil Monetary Penalty, Department of Justice (DOJ), Gun-Jumping, Hart-Scott-Rodino Act

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Britney Williams

CFPB, DOJ File Complaint Against Non-Bank Mortgage Lender for Deliberate Discrimination Against Minority Families

On July 27, 2022, the Consumer Financial Protection Bureau (CFPB) and the United States Department of Justice (DOJ) filed a complaint in the United States District Court for the Eastern District of Pennsylvania against Trident…more

Civil Monetary Penalty, Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), ECOA, HMDA

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Michael Casey Williams

Up In Smoke: USPTO Leaves Cannabis-Related Trademark Application in Ashes

After years of uncertainty, the USPTO has finally provided insight on how it views applications for cannabis-related marks, suggesting that the use of such marks will be heavily scrutinized. In 2016, National Concession…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Corporate Counsel, Intellectual Property Litigation, Intellectual Property Protection

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Grant Williamson

Update on College Name, Image, and Likeness: Florida Amends NIL Law and NCAA Issues First NIL Infractions Ruling

On February 16, 2023, Florida Gov. Ron DeSantis signed HB 7B, which makes several amendments to Florida’s name, image, and likeness (NIL) law, adding Florida to the growing list of states loosening prior state NIL restrictions…more

Amended Legislation, Amended Regulation, College Athletes, Colleges, Florida

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Hilary Williamson

Federal Grant Recipients and Applicants Face New and Increased Obligations to Disclose Potential Wrongdoing

Mandatory disclosure obligations significantly changed for federal grant recipients, sub-recipients, and applicants on October 1, 2024. The amended federal regulation establishing these mandatory disclosures (2 C.F.R. § 200.113)…more

Amended Regulation, Applicants, Department of Justice (DOJ), Disclosure Requirements, False Claims Act (FCA)

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Sydney Willmann

Alabama CON Report - January 2025

I. Certificate of Need Program - A. Contested Case: AL2024-008, Southern Orthopaedic Surgery Center, LLC, Montgomery County, AL: Proposes to develop a freestanding, non-hospital-based, limited multi-specialty ambulatory…more

Alabama, Ambulatory Surgery Centers, Certificate of Need, Healthcare Facilities, Hospitals

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Benn Wilson

Supreme Court Rejects PTO’s Attempt to Recover Attorneys’ Fees - Intellectual Property News

In Peter v. NantKwest, Inc., the Supreme Court held that the Patent and Trademark Office cannot recover attorneys’ fees against an applicant in a civil action under 35 U.S.C. § 145. An unsuccessful applicant for a patent has two…more

American Rule, Attorney's Fees, Civil Claims, Fee-Shifting, Litigation Fees & Costs

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Joe Wilson

Litigation Risk for Mortgage Lenders with a Less Active CFPB

With the recent developments at the Consumer Financial Protection Bureau (CFPB), many mortgage lenders have been left wondering about the extent to which the CFPB will enforce federal laws governing the mortgage lending…more

Borrowers, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, ECOA, HOEPA

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Stephen Wilson

Mississippi Legislature Overwhelmingly Approves Equifax Fix

Earlier this week the Mississippi Legislature approved the conference committee report on tax reform legislation (House Bill 799) that significantly changes Mississippi’s tax assessment and appeals procedures. Both the House and…more

Appeals, Apportionment, Pay-To-Play, Tax Assessment, Tax Penalties

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Jonathan Wohlwend

Two-Minute Drill: Department of Education Guidance and Department of Justice Weigh in on House Settlement

Change is inevitable. This sentiment resonates across the college sports landscape. Few, if any, would argue that the current model of college athletics is sustainable. While fans continue to tune in and March Madness remains a…more

Antitrust Provisions, College Athletes, Department of Education, Department of Justice (DOJ), Intellectual Property Protection

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Heather Howell Wright

Understanding the FEMA 50% Rule

Following Hurricanes Helene and Milton, impacted homeowners have received correspondence from their local building officials notifying the homeowners that their property is affected by the 50% Rule. Sometimes these are referred…more

FEMA, Flood Insurance, Flooding, Hurricane Season, Insurance Claims

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James Wright Jr.

Cannabis Day: Top 10 Weed Roundup of Budding Trends’ Trendiest Blog Posts of the Year

As the hallowed cannabis holiday for stoners-turned-business-entrepreneurs falls upon us, we find ourselves in the shifting sands of change in the cannabis industry as usual. Not surprisingly, many states have seen legislation…more

Cannabis Products, Cannabis-Related Businesses (CRBs), Decriminalization of Marijuana, Dispensaries, Government Agencies

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Virginia Wright

False Claims Act: 2024 Year in Review

Bradley’s Government Enforcement and Investigations Practice Group is pleased to present the False Claims Act: 2024 Year in Review, our annual review of significant False Claims Act (FCA) cases, developments and trends. In…more

Anti-Kickback Statute, Cybersecurity, Damages, Department of Justice (DOJ), False Claims Act (FCA)

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Anne Yuengert

To AI or Not to AI? The Use of AI in Employment Decisions

Even just a few years ago, the concept of using artificial intelligence (AI) in everyday life was a novel, if somewhat intimidating, concept. But from Google’s AI overview to Microsoft’s Copilot, many of us use AI daily to help…more

Artificial Intelligence, Department of Labor (DOL), Employer Liability Issues, Employment Discrimination, Employment Policies

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Winni Zhang

GAO Sustains Protest Over Agency’s Failure to Conduct Price Risk Analysis Under DFARS 252.204-7024

In the recent MicroTechnologies LLC and SMS Data Products Group, Inc. decisions, the Government Accountability Office (GAO) sustained protests challenging the Agency’s failure to perform the required price risk analysis under…more

Appeals, Bid Protests, Contract Terms, Department of Defense (DOD), DFARS

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Jessica Zurlo

Stanford’s Method for Inferring Haplotype Phase is Not Patent Eligible

Stanford University applied for a U.S. patent for statistical methods of predicting haplotype phase. In 2019, the Patent Trial and Appeal Board rejected the application as ineligible subject matter. Last week, a panel of the…more

Abstract Ideas, Patent Applications, Patent Litigation, Patent Trial and Appeal Board, Patent-Eligible Subject Matter

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