Author Info for Balch & Bingham LLP

Three Key Estate Planning Documents to Review During Uncertain Times

It remains vital to ensure that your family has a proper estate plan, including, at a minimum, three key documents… more

Beneficiaries, Beneficiary Designations, Coronavirus/COVID-19, Estate Planning, Infectious Diseases

See all updates »

Alabama Appellate Court Determines Who Is Responsible For Loss Due To Fraudulent Wire Transfer Instructions

In this episode of Decision Dive, Balch’s Jason Tompkins, Chair of Balch & Bingham’s Issues & Appeals Practice, is joined by Conrad Anderson IV, partner in the firm’s Litigation Practice, to explore the Alabama Court of Civil… more

Appellate Courts, Email, Fraudulent Wire Transfers, Qualified Settlement Funds, Settlement Agreements

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Robert Baxley

Alabama Registry Rule Benefits Business

A court-approved agreement brings welcome certainty for retailers selling vapor and nicotine-pouch products in Alabama—confirming that companies with a standard tobacco license may continue selling FDA-authorized products,… more

Compliance, Food and Drug Administration (FDA), Licenses, Marketing, Minors

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Karen Billups

2017 Regulatory Policy Forecast: Environmental & Energy Policy

ENVIRONMENTAL & ENERGY POLICY - With an incoming administration promising substantial changes to current energy and environmental policies, regulated businesses are closely monitoring and evaluating what 2017 will bring. A… more

Barack Obama, Biofuel, Clean Air Act, Clean Power Plan, Clean Water Act

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M. Stanford Blanton

Executive Orders Aim to Unlock America's Nuclear Energy Sector

On May 23, 2025, President Donald Trump signed four executive orders aimed at revitalizing and accelerating the growth of nuclear energy in the United States. The executive orders direct actions by the Department of Defense… more

Artificial Intelligence, Defense Production Act, Department of Defense (DOD), Department of Energy (DOE), Energy Policy

See all updates »

David Bowsher

Six Key Questions & Answers About The Corporate Transparency Act

The Corporate Transparency Act is a new federal law, effective January 1, 2024, requiring that certain business entities file reports regarding the personal information of their owners. This law applies to both existing entities… more

Beneficial Owner, Corporate Transparency Act, Doing Business, Financial Crimes, FinCEN

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Stephen Broadus IV

Three Ways Businesses Can Prepare For A Sales And Use Tax Audit To Maximize Potential Savings

"[I]n this world nothing can be said to be certain, except death and taxes." Many of us are familiar with this famous statement by Benjamin Franklin, and the sentiment expressed then also remains true today. The thing about… more

Audits, Business Taxes, Consumption Tax, Exemptions, Sales & Use Tax

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Phillip Buffington Jr.

Great Leaders Establish Great Succession Plans

The future success of your organization depends upon your ability to plan and implement a succession plan. Succession planning, first recognized by Henri Fayol in the early 1900s, continues to be a necessity for any… more

Board of Directors, Business Succession, Connelly v United States, Corporate Executives, Estate Planning

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Charles Burkhart

COVID-19 Checklist for Contractors

COVID-19 is obviously having drastic effects on all aspects of life, and the construction industry is no exception… more

Construction Contracts, Construction Industry, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

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Steven Burns

5 Steps To Promote Durable, Pro-Industry Environmental Regs

The U.S. Environmental Protection Agency's March 12 announcement of 31 deregulatory initiatives may seem like a major shift. But most of these actions require reconsideration of existing rules — a process that is governed by… more

Administrative Procedure Act, Chevron Deference, Deregulation, Environmental Policies, Environmental Protection Agency (EPA)

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Greg Butrus

Summary of Coronavirus Aid, Relief, and Economic Security (CARES) Act

On March 25, 2020, the Senate voted 96-0 to approve the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The House is expected to vote on this bill on Friday, March 27… more

Airlines, CARES Act, Coronavirus/COVID-19, Direct Payments to Families and Individuals, Educational Institutions

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Ashley Eley Cannady

Looking for Certainty: Protection From Competition Following the FTC’s Rule Banning Non-Compete Clauses

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) approved a final Non-Compete Clause Rule (“Rule”) banning as unfair competition all non-compete provisions entered with workers on or after the effective date of… more

Breach of Duty, Chamber of Commerce, Confidential Information, Federal Trade Commission (FTC), Final Rules

See all updates »

Steven Corhern

COVID-19 Business Interruption Insurance Litigation: A Five Month Update

We reported in April that a Tuscaloosa shoe store and a Mountain Brook restaurant had filed the first Alabama business interruption cases. Five months later, we are still awaiting a definitive ruling in both… more

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

See all updates »

Ricky Cox

Mississippi Renewable Energy Projects Poised For Continued Growth As New Tax Incentives Go Forward

Pursuing and developing clean, renewable energy continues to play an important role in economic development momentum across the U.S. As states across the Southeast continue to grow their energy independence by prioritizing… more

Ad Valorem Tax, Biomass, Clean Energy, Energy Policy, Energy Projects

See all updates »

R. Pepper Crutcher Jr.

NLRB Outlaws “Captive Audience” Union Campaign Meetings

On November 13, 2024, the National Labor Relations Board ruled that Amazon.com Services committed an unfair labor practice by requiring employees to attend a work time meeting to hear Amazon’s views on union representation. That… more

Amazon, Labor Relations, NLRB, NLRB General Counsel, Special Meetings

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Michael Davis II

Guidance for States and Local Governments Expending Funds provided under the Coronavirus Aid, Relief, and Economic Security (CARES) Act

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act provides a total of $139 billion to be proportionally allocated to each state, and to certain local… more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Public Health Emergency, Relief Measures

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Thomas DeLawrence

County of Maui and the Functional Equivalent Test for Groundwater Discharge

On Thursday, April 23, 2020, the Supreme Court issued its much anticipated opinion in County of Maui, Hawaii v. Hawaii Wildlife Fund (“County of Maui”), No. 18-260, 2020 WL 1941966 (Apr. 23, 2020). The case came to the Supreme… more

Appeals, Clean Water Act, Direct Discharge, Discharge of Pollutants, Environmental Protection Agency (EPA)

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J. Russell Dumas

Four Steps Businesses Can Take To Prepare For Dept. Of Labor’s New Independent Contractor Rule

Businesses across Mississippi and the nation should plan to comply with a new rule from the Department of Labor (DOL), set to take effect on March 11, 2024, revising the way in which employers analyze who is an employee and who… more

Department of Labor (DOL), Employer Liability Issues, Employment Contract, Fair Labor Standards Act (FLSA), Independent Contractors

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Bradley Ennis

Sackett, One Year Later

After last year’s Supreme Court's decision in Sackett v. Environmental Protection Agency, there remains confusion regarding how the ruling affects economic development projects such as residential and commercial building,… more

Clean Water Act, Environmental Protection Agency (EPA), Property Owners, Regulatory Agencies, Sackett

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Grant William Eskelsen

The ADVANCE Act – One Year Later: The ADVANCEs Are Real in Nuclear Energy

In just over one year since its passing, the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act has begun to unlock new opportunities for advanced nuclear energy projects, streamline regulatory… more

Artificial Intelligence, Clean Energy, Data Centers, Department of Energy (DOE), Energy Consumption

See all updates »

Allen Estes

Alabama Department of Revenue Announces Sales Tax Relief for Small Businesses

On March 18, 2020, the Alabama Department of Revenue (ADOR) announced that, effective immediately, ADOR is extending relief to small retail businesses that are unable to timely pay their February, March, and April sales tax… more

Coronavirus/COVID-19, Emergency Management Plans, Infectious Diseases, Small Business

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Elizabeth Jones Flachsbart

New Proposed Rule from the CFPB Paves Way for Massive Increase in Class Actions Suits Against Financial Institutions

Last week, the Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule which would prohibit mandatory arbitration provisions in millions of banking contracts, including contracts with consumers for credit cards and… more

Class Action Arbitration Waivers, Comment Period, Consumer Contracts, Consumer Financial Protection Bureau (CFPB), Corrective Actions

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Abby Fox

FERC Issues Landmark Generator Interconnection Reforms

On July 28, 2023, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 2023, its long- awaited final rule implementing sweeping reforms to generator interconnection processes. Order No. 2023 comes in the context of… more

Civil Monetary Penalty, Electric Generation Suppliers, Energy Sector, Energy Storage, Federal Power Act

See all updates »

P. Stephen Gidiere III

County of Maui and the Functional Equivalent Test for Groundwater Discharge

On Thursday, April 23, 2020, the Supreme Court issued its much anticipated opinion in County of Maui, Hawaii v. Hawaii Wildlife Fund (“County of Maui”), No. 18-260, 2020 WL 1941966 (Apr. 23, 2020). The case came to the Supreme… more

Appeals, Clean Water Act, Direct Discharge, Discharge of Pollutants, Environmental Protection Agency (EPA)

See all updates »

Geremy Gregory

No “Free House” in Florida

Last week, after much anticipation and speculation, the Florida Supreme Court decided Bartram v. U.S. Bank National Association, No. SC14-1265 (Fla. Nov. 3, 2016). To the relief of lenders, the Court rejected the borrower’s… more

FL Supreme Court, Florida, Foreclosure, Mortgages, Statute of Limitations

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Jonathan Hoffmann

Third Circuit holds creditors should investigate all indirect disputes of accounts on a credit report

In this episode of Consumer Finance Compass, Balch’s Jason Tompkins, partner in Balch & Bingham’s Consumer Finance Compliance & Defense Practice, explores the Third Circuit’s new decision holding that furnishers have no… more

Consumer Financial Products, Consumer Lenders, Credit Reporting Agencies, Credit Reports, Financial Institutions

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Robert Humphrey III

Six Key Questions & Answers About The Corporate Transparency Act

The Corporate Transparency Act is a new federal law, effective January 1, 2024, requiring that certain business entities file reports regarding the personal information of their owners. This law applies to both existing entities… more

Beneficial Owner, Corporate Transparency Act, Doing Business, Financial Crimes, FinCEN

See all updates »

Adam Israel

U.S. District Court For The Northern District Of Texas Struck Down The FTC’s Noncompete Rule - TRANSCRIPT

As we dive into the Ryan, LLC v. FTC decision, Jason and Adam examine what an appeal to the Fifth Circuit may look like, highlighting that the plaintiffs made a number of arguments as to the invalidity of the FTC non-compete… more

Employment Contract, Federal Bans, Federal Trade Commission (FTC), FTC Act, Non-Compete Agreements

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M. Lee Johnsey Jr.

Key Provisions of the PPP Flexibility Act

KEY TAKEAWAYS - 1. Covered Period and Alternative Payroll Covered Period extended from eight weeks to the earlier of twenty-four weeks or December 31, 2020… more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program Flexibility Act of 2020 (PPPFA), Payroll Taxes

See all updates »

Claire Johnson

5 Steps To Promote Durable, Pro-Industry Environmental Regs

The U.S. Environmental Protection Agency's March 12 announcement of 31 deregulatory initiatives may seem like a major shift. But most of these actions require reconsideration of existing rules — a process that is governed by… more

Administrative Procedure Act, Chevron Deference, Deregulation, Environmental Policies, Environmental Protection Agency (EPA)

See all updates »

Walter Jones

Planning for the End of the Pandemic: Things Creditors Should Be Doing Now

My seven-year-old daughter summed up the feelings of the nation and the world during dinner earlier this week: “Corona, Corona, Corona. I HATE CORONA!” (While mom and dad generally don’t allow the “h” word in our house, the… more

Borrowers, Coronavirus/COVID-19, Creditors, Landlords, Lenders

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Douglas Kauffman

Navigating DEI Certification: What Federal Contractors Need to Know

Under Executive Order 14173, federal contractors are required to certify that their Diversity, Equity, and Inclusion (DEI) programs comply with all applicable federal anti-discrimination laws. This certification must be included… more

Anti-Discrimination Policies, Audits, Compliance, Diversity and Inclusion Standards (D&I), Employment Discrimination

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Cavender Kimble

When Is An Overpayment “Identified?” The Answer Is In

In a highly anticipated ruling in Kane ex rel United States, et al. v. Health First, Inc., et al., a New York federal judge has issued the first judicial interpretation of the sixty-day overpayment return provision in the… more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), False Claims Act (FCA), Hospitals, Medicare

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Christopher Kirby

Texas SB 6 Overhauls Rules for Large Energy Loads in ERCOT

A new state law in Texas, SB 6, significantly changes how large loads interconnect with and operate within The Electric Reliability Council of Texas (ERCOT) grid. Energy companies developing large data centers, crypto mining… more

Bitcoin Mining, Cryptocurrency, Data Centers, Electricity, Energy Policy

See all updates »

Patrick Krechowski

Eviction During the COVID-19 Crisis

As the economy continues to slow and business for many comes to a halt due to the spread and uncertainty of the coronavirus (COVID-19), tenants and landlords alike are faced with the inevitable question: what happens when the… more

Coronavirus/COVID-19, Eviction, Fair Housing Act (FHA), Federal Housing Administration (FHA), Fee Agreements

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Lyle Larson

Co-Located Load and Race to Reshape the Grid: Hotel California Meets Life in the Fast Lane

The rapid expansion of digitalization and artificial intelligence (AI) is redrawing the map of the electric grid. Hyperscale data centers – deployed by companies like Amazon, Google, Microsoft, and Meta – are multiplying across… more

Clean Energy, Data Centers, Energy Policy, Energy Sector, FERC

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Ginny Willcox Leavens

A Personal Guarantor Who Does Not Have an Interest in the Property Secured by the Debt Lacks Standing to Assert Wrongful Foreclosure.

In In Re: Bay Circle Properties, LLC., No. 1812536, 2020 WL 1696303 (Ala. April 8, 2020), the Eleventh Circuit dismissed an appeal by a guarantor alleging a wrongful foreclosure, because the guarantor did not own the foreclosed… more

Foreclosure, Foreclosure Sales, Guarantors, Wrongful Foreclosures

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Joseph Leavens

COVID-19 Checklist for Contractors

COVID-19 is obviously having drastic effects on all aspects of life, and the construction industry is no exception… more

Construction Contracts, Construction Industry, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

See all updates »

Peter LeJeune

Advance Act Aims To Enhance US Civil Nuclear Leadership

On June 18, 2024, the U.S. Senate passed the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act by a vote of 88-2. The Act was signed into law by President Biden on July 9, 2024. The ADVANCE… more

Atomic Energy Act, Department of Energy (DOE), Energy Sector, Foreign Adversaries, Joe Biden

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Debra Taylor Lewis

Third-Party Risk Management for Financial Institutions: Reassessing Risk in Light of COVID-19

As part of an effective third-party risk management program, financial institutions should perform ongoing monitoring of the third-party relationship, including review of audited financial statements and risk assessments,… more

Audits, Compliance, Coronavirus/COVID-19, Financial Institutions, Risk Assessment

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Frank Long Jr.

Guidance for States and Local Governments Expending Funds provided under the Coronavirus Aid, Relief, and Economic Security (CARES) Act

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act provides a total of $139 billion to be proportionally allocated to each state, and to certain local… more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Public Health Emergency, Relief Measures

See all updates »

Alan Lovett

Executive Orders Aim to Unlock America's Nuclear Energy Sector

On May 23, 2025, President Donald Trump signed four executive orders aimed at revitalizing and accelerating the growth of nuclear energy in the United States. The executive orders direct actions by the Department of Defense… more

Artificial Intelligence, Defense Production Act, Department of Defense (DOD), Department of Energy (DOE), Energy Policy

See all updates »

Leo Manuel

Mississippi Renewable Energy Projects Poised For Continued Growth As New Tax Incentives Go Forward

Pursuing and developing clean, renewable energy continues to play an important role in economic development momentum across the U.S. As states across the Southeast continue to grow their energy independence by prioritizing… more

Ad Valorem Tax, Biomass, Clean Energy, Energy Policy, Energy Projects

See all updates »

Matthew McDade

CFPB Proposal Could Open the Door for Class Action Litigation

On October 7, 2015, the Consumer Financial Protection Bureau (“CFPB”) proposed a rule that would severely limit the use of arbitration clauses in many consumer financial agreements and likely increase class action litigation in… more

Arbitration, Automotive Loans, Class Action, Class Action Arbitration Waivers, Consumer Financial Protection Bureau (CFPB)

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Kevin McNamee

FERC Issues Landmark Generator Interconnection Reforms

On July 28, 2023, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 2023, its long- awaited final rule implementing sweeping reforms to generator interconnection processes. Order No. 2023 comes in the context of… more

Civil Monetary Penalty, Electric Generation Suppliers, Energy Sector, Energy Storage, Federal Power Act

See all updates »

Kenadi Mitchell

Managing Solid Waste Challenges in the Energy Transition

The transition to sustainable energy in the United States is reshaping how we create, store, and use energy – especially electricity – and the landscape is changing rapidly. This shift introduces new waste management challenges… more

Clean Energy, Department of Energy (DOE), Energy Policy, Energy Sector, Environmental Policies

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Armin Moeller Jr.

7 Ways That Davis-Bacon Changes Could Cost Contractors

Significant new changes to the Davis-Bacon Act and Related Acts will play a critical role as federal contractors consider and prepare for construction projects in 2024, affecting labor and administrative costs as well as how… more

Construction Project, Davis-Bacon Act, Energy Projects, Enforcement, Federal Contractors

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Fariraishe Muzondo

Texas SB 6 Overhauls Rules for Large Energy Loads in ERCOT

A new state law in Texas, SB 6, significantly changes how large loads interconnect with and operate within The Electric Reliability Council of Texas (ERCOT) grid. Energy companies developing large data centers, crypto mining… more

Bitcoin Mining, Cryptocurrency, Data Centers, Electricity, Energy Policy

See all updates »

Christina Marie Nuñez

Medical Cannabis in Mississippi: A New Year, A New Regulated Industry

The new year has kicked off with the long-awaited start of medical cannabis sales in Mississippi. The first legal sales of medical cannabis to qualifying patients have taken place. With licenses issued and medical cannabis… more

Business Licenses, Department of Revenue, Dispensaries, Marijuana, Marijuana Cultivation

See all updates »

M. Brant Pettis

Looking for Certainty: Protection From Competition Following the FTC’s Rule Banning Non-Compete Clauses

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) approved a final Non-Compete Clause Rule (“Rule”) banning as unfair competition all non-compete provisions entered with workers on or after the effective date of… more

Breach of Duty, Chamber of Commerce, Confidential Information, Federal Trade Commission (FTC), Final Rules

See all updates »

Sloane Bell Phillips

Lender Must Join All Property Owners in Ejectment Action says Alabama Court of Civil Appeals

On October 19, 2018, the Alabama Court of Civil Appeals issued an opinion in Chandler v. Branch Banking & Trust Company (No. 2160999), holding that a joint owner of property at issue in an ejectment action is a necessary and… more

Ejectment, Foreclosure, Mortgages, Property Owners

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John Pickering

Key Provisions of the PPP Flexibility Act

KEY TAKEAWAYS - 1. Covered Period and Alternative Payroll Covered Period extended from eight weeks to the earlier of twenty-four weeks or December 31, 2020… more

CARES Act, Coronavirus/COVID-19, Loan Forgiveness, Paycheck Protection Program Flexibility Act of 2020 (PPPFA), Payroll Taxes

See all updates »

Meghan Pieler

The Eleventh Circuit Continues to Build on Article III Standing Requirement

In early November, we wrote about a new Eleventh Circuit decision on Article III standing law which directly held that it was not enough to allege a statutory violation and instead there must be a concrete injury to sustain an… more

Article III, Class Action, Corporate Counsel, Data Breach, Identity Theft

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Gabriel Quistorff

I Can Use § 363 for That?!

When talking about a sale of the debtor’s property pursuant to 11 U.S.C. § 363, several things may come to mind — maybe a public auction of a tangible piece of property in the debtor’s bankruptcy estate, such as equipment or… more

Auction, Bankruptcy Court, Chapter 11, Debt Restructuring, Debtors

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Jeremy Retherford

Alabama Enacts Uniform Commercial Receivership Act

On May 15, 2024, Alabama became the thirteenth state to adopt a version of the Uniform Law Commission’s Uniform Commercial Real Estate Receiver Act (the “Act”). The Act seeks to bring more direction and clarity to receivership… more

Alabama, Borrowers, Collateral, Commercial Loans, Court-Appointed Receivers

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Daniel James Ruth

Opportunity Zones Regs Are Here: Can We Start Investing Now?

By now you have probably seen that the Internal Revenue Service (the “IRS”) and the Treasury Department issued proposed regulations and Revenue Ruling 2018-29 on October 19, 2018, clarifying some of the big questions looming… more

Capital Gains, Community Development, Economic Development, Investment Funds, IRS

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Jeffry Sharkey

The ADVANCE Act – One Year Later: The ADVANCEs Are Real in Nuclear Energy

In just over one year since its passing, the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act has begun to unlock new opportunities for advanced nuclear energy projects, streamline regulatory… more

Artificial Intelligence, Clean Energy, Data Centers, Department of Energy (DOE), Energy Consumption

See all updates »

Jennifer West Signs

Buyers of Mississippi Real Property Relieved of Liability For Nonresident Seller Tax Withholding

The responsibility for withholding, reporting, and paying tax on the gain realized on the sale of real property by a seller who is not a resident of the State of Mississippi is now back where it belongs: with the seller. Ever… more

Amended Legislation, Buyers, Capital Gains, Department of Revenue, Non-Residents

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William Lucien Smith Jr.

Guidance for States and Local Governments Expending Funds provided under the Coronavirus Aid, Relief, and Economic Security (CARES) Act

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act provides a total of $139 billion to be proportionally allocated to each state, and to certain local… more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Public Health Emergency, Relief Measures

See all updates »

Marion Jefferson Starling III

Department of Labor Issues Q&A on Paid Sick Leave and FMLA Included in Families First Coronavirus Response Act

On March 24, the Department of Labor issued some initial questions and answers regarding the new paid sick leave and expanded FMLA set forth in the Families First Coronavirus Response Act (FFCRA)… more

Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Paid Leave

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Lauren Weisman Stein

2024 M&A Outlook: How Changing Deal Terms Reflect a Shifting Market

The M&A landscape is beginning to evolve, with shifts in market dynamics shaping deal terms and bargaining dynamics for 2024 and beyond… more

Acquisition Agreements, Business Valuations, Buyers, Corporate Sales Transactions, Merger Agreements

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S. Chris Still

Balch Energy Attorneys Discuss The Future Of Renewable Energy Projects During Association Of Corporate Counsel Houston Panel

Balch partners Audrey Momanaee, Chris Still and Jesse Unkenholz discussed key considerations and legal issues associated with the development of renewable energy and storage projects at the Association of Corporate Counsel (ACC)… more

Acquisitions, Coronavirus/COVID-19, Economic Development, FERC, Inflation Reduction Act (IRA)

See all updates »

Stephen Still

Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) Is Enacted Into Law

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Below is a summary of the Act and describes who it will affect and how it will apply… more

Business Interruption, CARES Act, Coronavirus/COVID-19, Federal Loans, Financial Stimulus

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Michael Taunton

Alabama Appellate Court Voids Foreclosures For Using The Word “May”

This past June, in Barnes v. U.S. National Bank, No. 2180699, the Alabama Court of Civil Appeals held that a mortgagee’s notice of acceleration failed to strictly comply with the notice provisions contained in Paragraph 22… more

Acceleration, Borrowers, Fannie Mae, Foreclosure, Freddie Mac

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Bea Tolsdorf

Medical Cannabis in Mississippi: A New Year, A New Regulated Industry

The new year has kicked off with the long-awaited start of medical cannabis sales in Mississippi. The first legal sales of medical cannabis to qualifying patients have taken place. With licenses issued and medical cannabis… more

Business Licenses, Department of Revenue, Dispensaries, Marijuana, Marijuana Cultivation

See all updates »

Jason Tompkins

Balch’s Consumer Finance Compass: How Standing Can Make or Break Certification for Class Action Lawsuits in Debt Collection

In our Consumer Finance Compass series, Balch’s Jason Tompkins offers a preview of his upcoming presentation for the Association of Credit & Collection Professionals (ACA) Convention 2025, titled “Class Action Lawsuits in Debt… more

Class Action, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Consumer Protection Laws, Debt Collection

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Timothy Tracy

Opportunity Zones in Alabama (and 19 Other States) Certified by Treasury Department - What Happens Next?

On April 18, the Treasury Department certified the list of 158 Opportunity Zones submitted by Governor Kay Ivey on March 21, 2018. This certification marks the last step in the Opportunity Zone selection process and means that… more

Capital Gains, Community Development, Economic Development, Investment Funds, Low-Income Issues

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Andrew Tunnell

FERC Takes Action to Spur Transmission Planning and Expansion Across Jurisdictional Boundaries

At its June open meeting, the Federal Energy Regulatory Commission announced two actions aimed at supporting transmission planning across jurisdictional boundaries. The first action establishes a Joint Federal-State Task Force… more

Electricity, Energy Sector, FERC, Transmission Planning, Utilities Sector

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Jesse Unkenholz

Balch Energy Attorneys Discuss The Future Of Renewable Energy Projects During Association Of Corporate Counsel Houston Panel

Balch partners Audrey Momanaee, Chris Still and Jesse Unkenholz discussed key considerations and legal issues associated with the development of renewable energy and storage projects at the Association of Corporate Counsel (ACC)… more

Acquisitions, Coronavirus/COVID-19, Economic Development, FERC, Inflation Reduction Act (IRA)

See all updates »

Claire Williams

State Of Texas V. Dep’t Of Labor And The Effect Of A National Vacatur

On November 15, 2024, a federal district court in Texas vacated a Department of Labor (“DOL”) rule that raised the minimum salary at which executive, administrative, and professional (“EAP”) and “highly compensated” employees… more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Highly Compensated Employees

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James Williams Jr.

Alabama Court of Civil Appeals Clarifies The Requirements (and limitations periods) for Fraudulent Transfer Action

The Alabama Civil Court of Appeals recently issued a decision, International Management Group, Inc. v. Bryant Bank, No. 2170744, which, among other things, limits the potential for summary judgment in fraudulent transfer cases,… more

Fraudulent Transfers, Mortgages, UFTA, Uniform Voidable Transactions Act (UVTA)

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Liz Williamson

Making Sense Of The Demise Of Chevron Deference After Loper Bright

On June 28, 2024, the Supreme Court overturned Chevron deference in a 6-3 decision in Loper Bright Enterprises v. Raimondo, Case No. 22-452. As a result, courts will no longer need to defer to an agency’s interpretation of a… more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Clean Air Act, Government Agencies

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Donald Alan Windham Jr.

Continuing a Trend, Mississippi Supreme Court Refuses to Enforce Broadly Worded Arbitration Clause

Dollar General reported its employee Rebecca Keyes to the police for embezzlement, causing her to be arrested. Keyes later sued Dollar General under a number of legal theories, including malicious prosecution, false… more

Arbitration, Arbitration Agreements, Dollar General, Embezzlement, Malicious Prosecution

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April Wise

Three Key Estate Planning Documents to Review During Uncertain Times

It remains vital to ensure that your family has a proper estate plan, including, at a minimum, three key documents… more

Beneficiaries, Beneficiary Designations, Coronavirus/COVID-19, Estate Planning, Infectious Diseases

See all updates »

Christopher Yeilding

COVID-19 Business Interruption Insurance Litigation: A Five Month Update

We reported in April that a Tuscaloosa shoe store and a Mountain Brook restaurant had filed the first Alabama business interruption cases. Five months later, we are still awaiting a definitive ruling in both… more

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

See all updates »