Author Info for Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

John Alexander

Injured Workers Cannot Use the Declaratory Judgment Act to Avoid Exclusive Jurisdiction in the Workers' Compensation Commission

The Arkansas Supreme Court recently handed down an opinion that should reassure employers dealing with an incident involving a workplace injury. The Court affirmed that disputes over such injuries belong in the Workers’…more

AK Supreme Court, Declaratory Judgment Act, Declaratory Judgments, Declaratory Relief, Exclusive Jurisdiction

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Drew Allen

National Association of Insurance Commissioners (NAIC) Fall 2024 Meeting Summary

The Mitchell Williams Insurance Regulatory team of attorneys recently attended the National Association of Insurance Commissioners (NAIC) Fall 2024 National Meeting which was held in Denver, Colorado. We have prepared a summary…more

Accounting, Annuities, Artificial Intelligence, Bias, Casualty Insurance

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Michele Simmons Allgood

State and Local Government Assistance from the CARES Act

The Coronavirus Aid, Relief and Economic Security Act (CARES Act) provides an estimated $2 trillion stimulus package to assist individuals, small and medium-sized business as well as state and local governments during the…more

Affiliated-Business Arrangements, Affiliates, Board of Directors, Business Interruption, CARES Act

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John Keeling Baker

Non-Profit Hospital Real Property Potentially Exempt from County Property Taxes

Double-check the Tax Man by Double-checking your Parcel Usage - Understandably, most hospital accounts payable departments are good at paying bills that come in the mail. However, when it comes to paying any bills that come…more

Arkansas, Land Parcels, Non-Profit Hospitals, Property Tax, Public Charities

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Melissa Bandy

Businesses Have COVID-19 Worries; These Resources Can Help

With numerous measures now in place at the federal, state and local levels, the following are some of the latest resources available to walk businesses through the relief programs enacted, including under the Coronavirus Aid,…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Families First Coronavirus Response Act (FFCRA), Paycheck Protection Program (PPP)

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Devin Bates

What Civil Remedies are Available Under the Defend Trade Secrets Act?

The DTSA supplements the criminal penalties of the EEA (found here)by providing a range of civil remedies for trade secret misappropriation. According to the DTSA, misappropriation includes the unauthorized use or disclosure of…more

Confidential Information, Defend Trade Secrets Act (DTSA), Intellectual Property Protection, Misappropriation, Trade Secrets

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David Biscoe Bingham

SOS - We're flying to Europe in two hours and don't have an estate plan!

Most attorneys who work in the estate planning field have received a panicky, last-minute call from a client or potential client who is about to go overseas on a big trip (generally, the vacation of a lifetime). The anxiety,…more

Estate Planning, Guardianships, Holographic Wills, Minor Children

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B. Wade Bowen

Estate Planning Techniques in a Higher Interest Rate Environment

One can hardly miss the high levels of inflation currently affecting our economy. Even for those who do not pay close attention to the news, where inflation could hardly be more covered, the price of nearly everything for…more

Beneficiaries, Charitable Trusts, Consumer Financial Products, Estate Planning, Estate-Tax Exemption

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John Bryant

Transferability of Energy Credits under the Inflation Reduction Act: What do you need to know?

Now that final regulations on the transferability of energy tax credits under the Inflation Reduction Act have been issued by the U.S. Department of Treasury (Treasury) and the Internal Revenue Service (IRS), many investors and…more

Clean Energy, Energy Sector, Income Taxes, Inflation Reduction Act (IRA), Internal Revenue Code (IRC)

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C. Douglas Buford Jr.

Earnings Releases and Investor Calls in Light of COVID-19 – SEC Chairman and Director of Corporation Finance Issue Joint Public Statement

On Wednesday, April 8, 2020, the SEC Chairman, Jay Clayton, and Director of the SEC’s Division of Corporation Finance, William Hinman, released a joint public statement emphasizing the importance of disclosures from public…more

Coronavirus/COVID-19, Corporate Governance, Disclosure Requirements, Filing Deadlines, Filing Requirements

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Burnie Burner

The Texas Department of Insurance Adopts New Reinsurance Rules

The Texas Department of Insurance has taken the next step in implementing the Covered Agreement requirement by adopting rules relating to reciprocal reinsurers with the effective date of the rule on January 1, 2022. S.B…more

Covered Agreement, Insurance Code, Insurance Industry, New Rules, Reinsurance

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Cara Butler

United States District Court Blocks FTC's Final Rule Banning Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (“FTC”) announced the “Final Non-Compete Clause Rule” banning most post-employment non-compete clauses between employers and employees. The final rule was set to take effect on…more

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

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Christina Chen

Five Things to Know Before Starting a Business

Starting a new business can be a very stressful endeavor, often involving significant financial risk, a possible career change, and sleepless nights ensuring your business plan is ironclad. Adding to this stress, many new…more

Business Development, Business Entities, Business Formation, Business Ownership, Business Plans

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Charles Cliett Jr.

Navigating COVID-19: Medicare Advantage and Part D Prescription Drug Plans

As the COVID-19 pandemic has emerged over the past month, state insurance departments have issued directives in reaction to the crisis, requiring such actions as a temporary moratorium on cancellations and coverage for…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Department of Homeland Security (DHS), Emergency Response

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Craig Cockrell

Business Owner Alert: BOI Reporting Deadline Stayed by Court Order

As discussed in a recent alert, most business entities are required under the Corporate Transparency Act to file a Beneficial Ownership Information Report with FinCEN by December 31st, 2024…more

Beneficial Owner, Corporate Transparency Act, FinCEN, Popular, Preliminary Injunctions

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Nathan Coulter

Considerations for Holding Virtual Annual Shareholder Meetings in Light of COVID-19

In light of Coronavirus Disease 2019 (“COVID-19”), the Securities and Exchange Commission (“SEC”) recently released guidance to assist public companies with their upcoming annual shareholder meetings. As explained in the SEC’s…more

Annual Meeting, Board Meetings, Board of Directors, Coronavirus/COVID-19, Proxy Statements

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Courtney Crouch, III

CARES Act Main Street Loan Facilities Now In Place

Under the Coronavirus Aid, Relief and Economic Security Act (CARES Act), the Federal Reserve System was given the discretion to create a Main Street Lending Program to support small and mid-sized businesses. On Thursday, April…more

CARES Act, Coronavirus/COVID-19, Credit Facilities, Federal Reserve, Financial Stimulus

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Anna Cunningham

United States District Court Blocks FTC's Final Rule Banning Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (“FTC”) announced the “Final Non-Compete Clause Rule” banning most post-employment non-compete clauses between employers and employees. The final rule was set to take effect on…more

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

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Ashley Edwards

Transferability of Energy Credits under the Inflation Reduction Act: What do you need to know?

Now that final regulations on the transferability of energy tax credits under the Inflation Reduction Act have been issued by the U.S. Department of Treasury (Treasury) and the Internal Revenue Service (IRS), many investors and…more

Clean Energy, Energy Sector, Income Taxes, Inflation Reduction Act (IRA), Internal Revenue Code (IRC)

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Elizabeth Esparza

2024 Privacy Legislative Roundup

2024 was a banner year for state privacy legislation. This year saw seven new states pass comprehensive consumer privacy laws, joining the ranks of 12 other states that have previously passed similar laws. While other state laws…more

Artificial Intelligence, Biometric Information, Corporate Counsel, Gramm-Leach-Blilely Act, Health Insurance Portability and Accountability Act (HIPAA)

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Karen Freeman

Are You Immune? Your Business May Be: Executive Order Protects Businesses from Civil Liability Due to COVID-19 Exposure

n a bit of much needed good news for Arkansas businesses during the current COVID-19 crisis, on June 15, 2020, Governor Asa Hutchinson signed Executive Order 20-33 (the “Order”) which provides businesses immunity from civil…more

Civil Liability, Coronavirus/COVID-19, Executive Orders, Health and Safety, Immunity

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Rustin Gaines, CFE

National Association of Insurance Commissioners (NAIC) Fall 2024 Meeting Summary

The Mitchell Williams Insurance Regulatory team of attorneys recently attended the National Association of Insurance Commissioners (NAIC) Fall 2024 National Meeting which was held in Denver, Colorado. We have prepared a summary…more

Accounting, Annuities, Artificial Intelligence, Bias, Casualty Insurance

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Colt Galloway

Court of Appeals Concludes Swimming Pool is Not an Attractive Nuisance

In a case arising from tragic circumstances, the Arkansas Court of Appeals recently concluded that a residential swimming pool located near an elementary school was not an attractive nuisance, and affirmed summary judgment in…more

Appeals, Attractive Nuisance, Negligence, Summary Judgment, Swimming Pools

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Allan Gates

Emotional Support Animals and Access to Public Facilities

Imagine you are in charge of a facility that is open to the public—perhaps a church, a restaurant, a hardware store, or an apartment building. A woman enters with a dog on a leash. She says the dog is a service dog or emotional…more

Air Carrier Access Act (ACAA), Americans with Disabilities Act (ADA), Emotional Support Animals, Fair Housing Act (FHA), Reasonable Accommodation

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Ashley Gill

Notwithstanding Savings Clause, Judicial Reformation Required to Correct Defects in Charitable Remainder Annuity Trust

A recent tax court case serves as a stern reminder to practitioners that (1) in order for a trust to qualify as a charitable remainder annuity trust (CRAT), the trust’s governing instrument must unambiguously provide for a…more

Beneficiaries, Charitable Deductions, Estate Tax, IRS, Savings Clause

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Jill Grimsley

State and Local Government Assistance from the CARES Act

The Coronavirus Aid, Relief and Economic Security Act (CARES Act) provides an estimated $2 trillion stimulus package to assist individuals, small and medium-sized business as well as state and local governments during the…more

Affiliated-Business Arrangements, Affiliates, Board of Directors, Business Interruption, CARES Act

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Josh Hallenbeck

What Businesses Must Know About Intellectual Property

Many individuals – and all businesses – have intellectual property, including everything from names and brands, to inventions, software, and works of art. Too often those assets go unprotected. As companies prepare to develop…more

Asset Protection, Copyright, Intellectual Property Protection, Licenses, Patents

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Audra Hamilton

United States District Court Blocks FTC's Final Rule Banning Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (“FTC”) announced the “Final Non-Compete Clause Rule” banning most post-employment non-compete clauses between employers and employees. The final rule was set to take effect on…more

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

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Harold Hamlin

Businesses Have COVID-19 Worries; These Resources Can Help

With numerous measures now in place at the federal, state and local levels, the following are some of the latest resources available to walk businesses through the relief programs enacted, including under the Coronavirus Aid,…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Families First Coronavirus Response Act (FFCRA), Paycheck Protection Program (PPP)

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Megan Hargraves

Licenses and the Law Series, Part II

As we explained in our first article, most licensing boards follow a similar process when it comes to investigating complaints against one of their licensees. First, the licensing board receives a complaint..…more

Administrative Procedure Act, Damages, Data Collection, Jurisdiction, Licenses

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Benjamin Jackson

New Theories of Product Liability Develop in the Age of Artificial Intelligence and Increased Automation

In recent years, products liability law has been significantly impacted by advancements in technology, particularly with the rise of artificial intelligence (AI) and automation. As more companies adopt these technologies to…more

Artificial Intelligence, Automation Systems, Cyber Threats, Cybersecurity, Design Defects

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Anton Janik Jr.

FinCEN Warns Financial Institutions of Fraud Schemes Arising from Deepfake Media Using Generative Artificial Intelligence

Today the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) issued an Alert to help financial institutions identify fraud schemes relying in part on the use of deepfake media created through generative…more

Artificial Intelligence, Deep Fake, Digital Assets, Financial Institutions, FinCEN

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John Johnson

Arkansas Case Law Informs the Definition of "Trade Secret"

Case law informs the definition of “trade secret” which assists us as we prospectively counsel clients and litigate trade secret cases. In addition to the statutory definitions of “Trade Secret” that control what’s included…more

Arkansas, Confidential Information, Confidentiality Agreements, Misappropriation, Trade Secrets

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Margaret Johnston

The SBA Is Accepting New CARES Act Applications; Can Businesses Apply For More Than One Loan?

The President signed the Paycheck Protection Program and Health Care Enhancement Act into law on April 24, 2020, injecting an additional $484 billion in aid to supplement the SBA business loan programs created under the CARES…more

Applications, Borrowers, CARES Act, Credit Unions, Financial Institutions

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Caroline Kelley

Estate Planning in Arkansas: Significance of Wills and Trusts

In Arkansas, estate planning is vital. By understanding the tools at residents’ disposal, such as wills and trusts, Arkansans can ensure the security of their assets, provide for their loved ones, and leave a lasting legacy for…more

Asset Protection, Beneficiaries, Estate Planning, Privacy Laws, Probate

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Casey Dorman Lawson

Why Adding a Child as a Joint Owner May Not Be a Good Idea

Individuals are often interested in ways to transfer their assets at death without having those assets go through a probate proceeding. Those same individuals are also often interested in accomplishing this without having to…more

Asset Management, Beneficiaries, Estate Planning, Inheritance, Joint Ownership

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Erica Linville

Is Your Nonprofit Considering Holding a Raffle? Think Twice.

Raffles can be a profitable and exciting fundraiser for nonprofits seeking to raise money for their cause. Raffles are considered games of chance, meaning participants pay money for a chance to win a prize. Games of chance can…more

Checking Accounts, Compliance, Documentation, Financial Institutions, Fines

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D. Nicole Lovell

COVID-19 UPDATE: SBA Issues Updated Lender and Borrower FAQs on PPP

The Paycheck Protection Program (the “PPP”) established under the Coronavirus Aid, Relief and Economic Security (CARES) Act authorizes up to $349 billion in forgivable loans to small businesses to pay their employees during the…more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), SBA

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Jacob McElroy

Are You Immune? Your Business May Be: Executive Order Protects Businesses from Civil Liability Due to COVID-19 Exposure

n a bit of much needed good news for Arkansas businesses during the current COVID-19 crisis, on June 15, 2020, Governor Asa Hutchinson signed Executive Order 20-33 (the “Order”) which provides businesses immunity from civil…more

Civil Liability, Coronavirus/COVID-19, Executive Orders, Health and Safety, Immunity

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Martha McKenzie Hill

2021 Arkansas Insurance Legislation Summary: Life Insurance

The 93rd Arkansas General Assembly convened on January 11, 2021 and entered into an extended recess on April 27, 2021. The resolution authorizing the extended recess provides for the legislature to reconvene for the following…more

Arkansas, Coronavirus/COVID-19, General Assembly, Insurance Industry, Life Insurance

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Jeff McWhirt

Kentucky DOI Holds Update Call on Local Government Premium Taxes and Kentucky Data Security Law

On Monday, May 15, the Kentucky Department of Insurance (DOI) held a call discussing Bulletin 2023-002, issued on April 14 to all authorized insurance companies and surplus lines brokers subject to Kentucky Local Government…more

Data Security, Department of Insurance, Insurance Industry, Tax Code

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Stuart Miller

Licenses and the Law Series, Part X: A Review

In this final article, we want to leave you with a review of the major takeaways. First, check your liability insurance as soon as you receive a complaint against your license, and report the claim to your insurance…more

Appeals, FOIA, Insurance Industry, Legal Representatives, Liability Insurance

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Jennifer Pierce

Business Owner Alert: Corporate Transparency Act Requires New Ownership Reporting in 2024 and Beyond

It has been many years in the making, but the effective date of the Corporate Transparency Act (the “CTA”) is finally here. The CTA, enacted in 2021, is designed to prevent money laundering and other unlawful activity through…more

Anti-Money Laundering, Business Ownership, Corporate Transparency Act, Filing Requirements, FinCEN

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Brian Pipkin

Auto Insurers Asked to Waive Commercial Use Exclusion during COVID-19 Shutdown

In this time of shutdown orders and social distancing, businesses have been forced to rapidly adapt. The service industry, and especially restaurants, have quickly pivoted to providing delivery services with wait staff and other…more

Coronavirus/COVID-19, Crisis Management, Employer Liability Issues, Food Service Workers, Health and Safety

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Julie Pomerantz

Insurers Are No Longer Required to File Rates and Forms for Certain Commercial Risks in Texas

On September 1, 2021, Texas SB 1367 went into effect, exempting certain lines of commercial property and casualty insurance from rate and form filings, as summarized below. In other words, Insurers are no longer required to file…more

Commercial Insurance Policies, Insurance Industry, Insurance Rates, Risk Assessment, Texas

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Nathan Read

United States District Court Blocks FTC's Final Rule Banning Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (“FTC”) announced the “Final Non-Compete Clause Rule” banning most post-employment non-compete clauses between employers and employees. The final rule was set to take effect on…more

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

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Christopher Rogers

The Duty of Loyalty and Arkansas' New Uniform Limited Liability Company Act

In a recent Mitchell Williams Blog we highlighted Arkansas’ enactment of the Uniform Limited Liability Company Act (the “ULLCA”), and pointed out some of the differences between the ULLCA and Arkansas’ existing Small Business…more

Anti-Competitive, Arkansas, Duty of Care, Duty of Loyalty, Fiduciary Duty

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J. Scott Schallhorn

In The Zone? Defining Your Place in Real Estate

Your business thrived in spite of COVID and you need to relocate and expand your facility. So you found a suitable parcel of property on the edge of town – it's the right size and is served by all the necessary…more

Conditional Use Permit, Jurisdiction, Real Estate Market, Restrictive Covenants, Zoning Laws

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Derrick Smith

Tenth Circuit Holds that ERISA and Medicare Part D Preempt Oklahoma PBM Law

On August 15, 2023, the Tenth Circuit Court of Appeals handed down its opinion in Pharmaceutical Care Management Association v. Mulready (Mulready) holding that the Employee Retirement Income Security Act of 1974 (ERISA) and…more

Employee Retirement Income Security Act (ERISA), Medicare Part C, Medicare Part D, Pharmacy Benefit Manager (PBM), Preemption

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Zachary Steadman

National Association of Insurance Commissioners (NAIC) Fall 2024 Meeting Summary

The Mitchell Williams Insurance Regulatory team of attorneys recently attended the National Association of Insurance Commissioners (NAIC) Fall 2024 National Meeting which was held in Denver, Colorado. We have prepared a summary…more

Accounting, Annuities, Artificial Intelligence, Bias, Casualty Insurance

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Stanton Strickland

Shelter-In-Place Orders Spur Regulator Calls for Policyholder Refunds

As COVID-19 shelter-in-place orders keep businesses closed and drivers off the road, the risk of loss normally associated with driving or operating a business has decreased. As a result, personal lines auto insurers have begun…more

Auto Insurance, Coronavirus/COVID-19, Premiums, Refunds, Relief Measures

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John Talbot

U.S. Department of Agriculture: Notice Suspends Conservation Reserve Program Enrollment as Farm Bill Process Remains Stagnant

On September 25, 2024, USDA’s Acting Deputy Administrator of Farm Programs issued a Notice to all Farm Service Agency (FSA) State and County Offices, directing them to cease processing and/or approving offers of enrollment or…more

Conservation, Department of Agriculture, Farm Bill, Global Food Security Act, USDA

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Graham Talley

Hospital Answer Stricken for Destroying Paper Medical Record after Scanning into the EMR

On Wednesday, October 25, 2017, the Arkansas Court of Appeals handed down an opinion affirming a severe sanction against a hospital in a medical malpractice case. The trial court had stricken the hospital’s answer, where…more

AK Supreme Court, Appeals, Discovery, Discovery Violations, Document Destruction

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Jeffrey Thomas

NAIC Special Session on COVID-19

Today, the National Association of Insurance Commissioners (NAIC) held a Special Session on COVID-19. A presentation on virus progression and pathology was made by Dr. Jay Butler, Deputy Director for Infectious Disease a Centers…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Health Insurance, Infectious Diseases, Insurance Industry

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Shadai Walker

National Association of Insurance Commissioners (NAIC) Fall 2024 Meeting Summary

The Mitchell Williams Insurance Regulatory team of attorneys recently attended the National Association of Insurance Commissioners (NAIC) Fall 2024 National Meeting which was held in Denver, Colorado. We have prepared a summary…more

Accounting, Annuities, Artificial Intelligence, Bias, Casualty Insurance

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S. Grace Wewers

Preparing for Compliance With the PUMP Act and Pregnant Workers Fairness Act

Pregnant workers are currently protected under various acts including Title VII, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act of 1993 (FMLA), and the Providing Urgent Maternal Protections for…more

Adverse Action, Americans with Disabilities Act (ADA), Civil Rights Act, Compliance, Family and Medical Leave Act (FMLA)

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Jordan Wimpy

U.S. Department of Agriculture: Notice Suspends Conservation Reserve Program Enrollment as Farm Bill Process Remains Stagnant

On September 25, 2024, USDA’s Acting Deputy Administrator of Farm Programs issued a Notice to all Farm Service Agency (FSA) State and County Offices, directing them to cease processing and/or approving offers of enrollment or…more

Conservation, Department of Agriculture, Farm Bill, Global Food Security Act, USDA

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Walter Wright Jr.

Wastewater Enforcement: U.S. Environmental Protection Agency and Monroe, Michigan Coal-Fired Powerplant Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and DTE Electric Company (“DTE”) entered into a Consent Agreement and Final Order (“CAFO”) addressing alleged violations of Clean Water Act National Pollutant Discharge…more

Civil Monetary Penalty, Clean Water Act, Consent Agreements, Discharge of Pollutants, Enforcement

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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