Author Info for Burr & Forman

Jeffrey Allen

South Carolina Extends and Increases the State Abandoned Buildings Revitalization Tax Credit

On May 20, 2024, South Carolina Governor Henry McMaster signed into law S.1021, a new law that extends and increases tax credits available to taxpayers who rehabilitate or renovate an existing, abandoned building. The new law… more

Abandoned Property, Construction Project, New Legislation, Real Estate Development, Redevelopment

See all updates »

Adam Artigliere

Strategic Planning in Uncertain Times: A Guide for International Businesses Looking to Expand in the United States

“If there’s one thing that’s certain in business, it’s uncertainty.” - Stephen Covey - While uncertainty is uncomfortable, you can chose to either run from the uncertainty, pause and do nothing, or seize the moment. In… more

Acquisitions, Business Strategies, Economic Development, Foreign Direct Investment, Immigration Procedures

See all updates »

William Patrick Ayers

Florida Appellate Court Says Tenant Cannot Use Force Majeure Clause as Weapon Against Landlord

Last week, Florida’s Second District Court of Appeals handed down a pro-landlord decision arising out of the COVID-19 pandemic. See Fitness International, LLC v. 93FLRPT, LLC, No. 2D22-1182, May 10, 2023. One week later… more

Breach of Contract, Business Closures, Business Interruption, Commercial Leases, Commercial Tenants

See all updates »

Pamela Baker

Augusta Baker: Twentieth Century Librarian, Author, and Champion of Inclusive Literature

What do Sesame Street, Eleanor Roosevelt, and Mary Poppins all have in common? They are all a part of Augusta Baker’s inspiring story. Learn about this trailblazing, glass-ceiling-breaking champion of inclusive children’s… more

Authors, Books, Diversity, Heritage & Culture, Libraries

See all updates »

Joseph Barnello

The Burr Broadcast: Captive Audience Meetings

In this episode of The Burr Broadcast, Joe Barnello examines the recent decisions from the National Labor Relations Board on so-called captive audience meetings and communications regarding the management-employee relationship… more

Employer Liability Issues, Employment Litigation, Employment Policies, Labor Relations, NLRA

See all updates »

Robin Beardsley Mark

The Future of False Claims Act Qui Tam Provisions

On September 30, 2024, a federal district court in the Middle District of Florida dismissed a qui tam action under the False Claims Act (“FCA”) on the basis that the FCA’s qui tam provision – which allowed individuals to sue on… more

Appeals, Constitutional Challenges, Department of Justice (DOJ), False Claims Act (FCA), Qui Tam

See all updates »

Jessie Bekker

New Accreditation and Training Requirements Proposed For Physicians Performing Office-Based Surgeries

The Alabama Board of Medical Examiners (“Board”) has proposed sweeping changes to the regulations guiding office-based surgeries in Alabama that, if passed, would create more stringent requirements with respect to procedures… more

Accreditation, Alabama, Health Care Providers, Healthcare, Physicians

See all updates »

Howard Bogard

Provider and Health Care Facility Claim Submissions Now Open in $2.8 Billion Blue Cross Blue Shield Settlement

Medical providers, including individuals, physician groups, hospitals, surgery centers, health systems and other health care facilities, may be eligible for a portion of a $2.8 billion settlement reached by the Blue Cross Blue… more

Antitrust Division, Antitrust Litigation, Blue Cross, Blue Shield, Class Action

See all updates »

Christian Borek

COBRA Without the Bite

On March 11, 2020, President Biden signed into law the American Rescue Plan Act (“ARPA”). The ARPA mandated several important changes for both employers and employees. One of these is potentially significant for both: full… more

American Rescue Plan Act of 2021, Biden Administration, COBRA, Coronavirus/COVID-19, Employee Benefits

See all updates »

Gennifer Bridges

District of Massachusetts Enjoins Massachusetts’ Attorney General from Prohibiting Collection Calls

On May 6, 2020, Judge Richard G. Stearns of the U.S. District Court for the District of Massachusetts granted a temporary restraining order (“TRO”) and preliminary injunction sought by ACA International (“ACA”) against… more

Constitutional Challenges, Coronavirus/COVID-19, Debt Collection, Debt Collectors, Enforcement Actions

See all updates »

Richard Brockman

Burr Alert: Phase 2 HIPAA Audits

In an effort to review and examine compliance with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), the Department of Health and Human Services Office for Civil Rights… more

Business Associates, Covered Entities, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Audits

See all updates »

Chandler Brown

Corporate Transparency Act Gets Green Light...Again

What Happened? On February 18, 2025, the last of the nationwide injunctions enjoining enforcement of the Corporate Transparency Act (“CTA”), Smith, et al. v. U.S. Department of the Treasury, et al., (E.D. Tex.), was stayed,… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

See all updates »

Edward Brown

Managing Tariffs on Imported Alcoholic Beverages

As we all know, the recent moves by the administration to increase tariffs on a variety of products, including alcoholic beverages, have raised a number of questions from importers and wholesalers on how to manage and, if… more

Alcohol Beverage Control, Business Strategies, Imports, International Trade, Risk Management

See all updates »

Jonathan Brown

Florida’s Comprehensive Tort Reform – Governor DeSantis Signs H.B. 837 Into Law, Signaling a New Era For Civil Litigation in Florida

On March 24, 2023, Florida Governor Ron DeSantis signed H.B. 837 into law. This legislation enacts significant and wide-ranging changes to civil litigation practice in the state, including revamping comparative negligence… more

Attorney's Fees, Bad Faith, Comparative Negligence, Florida, Insurance Reform

See all updates »

Ken Bryant

Can You Be Sued In Any State? The Supreme Court’s Decision in Mallory v. Norfolk Southern Suggests So

A recent (and surprising) ruling of the United States Supreme Court may allow businesses to be sued in states in which they have little connection. The United States Supreme Court, split 5-4 (Gorsuch, Thomas, Alito, Sotomayor… more

Commerce Clause, Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment

See all updates »

Jacob Burchfield

Supreme Court: SEC Administrative Law Judges Must Be Appointed by Political Officials

Are Administrative Law Judges (“ALJs”) “Officers of the United States” or simply employees of the Federal Government? In Lucia v. SEC, decided last Thursday, the Supreme Court answered that question in favor of the former, and… more

Administrative Law Judge (ALJ), Administrative Proceedings, Appeals, Appointments Clause, Constitutional Challenges

See all updates »

S. Greg Burge

Keeping the PR in Privilege: Outside Public Relations and the Attorney-Client Privilege

In an earlier edition of the TIPS newsletter, we discussed the importance of outside counsel acting in the role of counsel, and not the role of an insurance adjuster, to preserve the attorney-client privilege over communications… more

Attorney-Client Privilege, Functional Equivalent, Insurance Adjusters, Insurance Litigation, Public Relations

See all updates »

Jackson Burrow

The United States Supreme Court Requires Courts to Stay Rather Than Dismiss Actions Subject to Arbitration

In Smith v. Spizzirri, 2024 WL 2193872 (U.S. May 16, 2024), the United States Supreme Court issued a ruling holding that courts must stay, rather than dismiss, cases that are subject to arbitration. The unanimous decision… more

Arbitration, Arbitration Agreements, Dismissals, Federal Arbitration Act, SCOTUS

See all updates »

Jon Campbell Jr.

The Re-Imagining of the American Shopping Mall

Nearly 70 years ago the American shopping mall was born in Edina, Minnesota. Southdale Mall was the idea of the Godfather of the Shopping Mall, Victor Gruen. The Austrian-American architect immigrated to the United States in… more

Commercial Leases, Commercial Property Owners, Commercial Real Estate Market, Commercial Tenants, Mixed-Use Zoning

See all updates »

Greg Canfield

The Quest for Logistic Supremacy

In today’s high-stakes economy, logistics is no longer a forgotten back-end function — it’s a front-line competitive advantage. As global supply chains grow increasingly complex and consumers demand faster delivery times, the… more

Air Cargo, Economic Development, Infrastructure, Logistics, Supply Chain

See all updates »

John Carroll

Developers Prepare to Gain Density and Reduced Wetlands Restrictions After EPA Policy Change

In 2011, the Obama administration’s Environmental Protection Agency (the “EPA”) issued a rule interpretation that vastly broadened the definition of “Waters of the United States” subject to the EPA’s regulatory jurisdiction… more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Waters of the United States, Wetlands

See all updates »

D. Christopher Carson

Municipalities: Revenue Crunches and Chapter 9 Bankruptcies on the Horizon

Last year many states and municipalities across our country as well as the elected officials who led them celebrated our nation’s low unemployment, increasing tax revenue and the zenith moments of what was the longest economic… more

Bankruptcy Code, Chapter 11, Chapter 7, Chapter 9, Commercial Bankruptcy

See all updates »

Rachel Blackmon Cash

COVID-19 Collections Restriction Efforts: Ohio, Maryland, and Massachusetts

On March 25, 2020, State Rep. Thomas West of Ohio introduced legislation, HB 596, which would halt all in-state debt collections until Ohio’s state of emergency expired… more

Coronavirus/COVID-19, Debt Collection, Financial Services Industry, Legislative Agendas, Mortgages

See all updates »

Rachel Cocciolo

Court Rejects Lender’s Objection to Payment of Debtor’s Counsel’s Fees and Expenses from Pre-Petition Retainer

In a decision rendered on December 30, 2016, the bankruptcy court for the Southern District of Florida (the “Court”) addressed the debtor’s counsel’s interim application for an award of fees and expenses for services rendered to… more

Attorney's Fees, Chapter 11, Consumer Bankruptcy, Creditors, Debtors

See all updates »

John Coleman, III

DOL Publishes Proposed Rule to Allow Third-Party & Union Participation in OSHA Walkthroughs

The Occupational Safety & Health Administration (“OSHA”) can conduct inspections for several reasons, including as a response to an employee complaint, after the report of a fatality or injury, and in accordance with an emphasis… more

Employee Representatives, Employer Liability Issues, Health and Safety, Labor Reform, OSHA

See all updates »

William Collins Jr.

Recent Georgia Court of Appeals Case Highlights Alternative Theories of Relief in Unfair Competition Case

Beginning in law school, attorneys are trained to learn from reported appellate cases, and that education never stops. In a recent Georgia Court of Appeals case involving claims of unfair competition, Lyman v. Cellchem Int’l… more

Breach of Duty, Fiduciary Duty, Tortious Interference, Unauthorized Access, Unfair Competition

See all updates »

Serina Combs

Strategic Planning in Uncertain Times: A Guide for International Businesses Looking to Expand in the United States

“If there’s one thing that’s certain in business, it’s uncertainty.” - Stephen Covey - While uncertainty is uncomfortable, you can chose to either run from the uncertainty, pause and do nothing, or seize the moment. In… more

Acquisitions, Business Strategies, Economic Development, Foreign Direct Investment, Immigration Procedures

See all updates »

John Connell Jr.

Pregnant Workers Fairness Act (PWFA) Update

Join John Connell and Natalie Phillips as they discuss the recent legal challenges to the PWFA and discuss potential outcomes. They will also revisit the PWFA as it currently stands and provide an overview of what employers… more

Employee Rights, Employer Responsibilities, Employment Discrimination, Pregnancy Discrimination, Pregnant Workers Fairness Act

See all updates »

Benjamin Coulter

Regulation Best Interest is Good Enough: The Second Circuit Upholds Regulation BI in XY Planning Network

In XY Planning Network, LLC, et al. v. SEC, et al., the United States Court of Appeals for the Second Circuit rejected a challenge to Regulation Best Interest brought by an organization of investment advisers, an individual… more

Best Interest Standard, Broker-Dealer, Dodd-Frank, Fiduciary Duty, Investment Adviser

See all updates »

Meryl Cowan

NLRB Drastically Alters Union Recognition & Election Process in Cemex Decision

For over fifty years, the general process for determining employee support (or opposition) to collective bargaining remained fairly constant: the union gathers signed authorization cards to evidence a sufficient showing of… more

Cemex, Collective Bargaining, Employees, Employer Liability Issues, Labor Law Violations

See all updates »

M. Elizabeth Crum

Hot Topics in Health Care – September 2022

Physicians and Pharmacists Concerned Over Post Dobbs State Laws Limiting Independent Medical Judgment - On September 8, 2022, the American Medical Association (AMA), American Pharmacists Association (APhA), American Society… more

Abortion, Affordable Care Act, Certificates of Public Advantage (COPAs), Coronavirus/COVID-19, Dobbs v. Jackson Women’s Health Organization

See all updates »

Marcel Debruge

The Burr Morning Show: NLRB Updates

In this episode of The Burr Morning Show, Marcel Debruge and Tom Scroggins discuss the impacts of the latest NLRB updates you need to be aware of in 2024… more

Employee Rights, Employer Liability Issues, Employment Policies, Labor Relations, NLRA

See all updates »

Erik Doerring

Corporate E-Note - August 2021

Department of State Extends Validity of National Interest Exceptions to Regional COVID-19 Travel Restrictions - On July 6, 2021, the Department of State updated its National Interest Exception (NIE) guidelines. Going… more

Biden Administration, Coronavirus/COVID-19, Employment Policies, Food Service Workers, Foreign Workers

See all updates »

Devin Dolive

Construction and Real Estate E-Note - August 2021

Resources - Federal Regulators Taking Aim at Anti-Competitive Employment Practices - Employers in every sector use restrictive covenants to guard against loss of institutional knowledge, relationships, and training… more

Construction Project, Construction Workers, Employment Contract, Employment Policies, Foreign Nationals

See all updates »

David Dowd, III, CIPP/US

Creation of the Cyber Safety Review Board

The United States Department of Homeland Security announced on February 3, 2022 the formation of a 15 person Cyber Safety Review Board, (the “CSRB”), which will be led by Robert Silvers, the Department of Homeland Security Under… more

Biden Administration, Cybersecurity, Data Protection, Department of Homeland Security (DHS), Homeland Security Cybersecurity & Infrastructure Security Agency (CISA)

See all updates »

Erich Durlacher

Georgia House Bill 586 Expands Loan Flexibility and Tax Exemptions

On May 9, 2025, Governor Brian Kemp signed into law House Bill 586, which significantly amends Georgia’s intangible recording tax provisions. Effective July 1, 2025, the bill extends the maturity threshold for “short-term notes”… more

Borrowers, Financial Services Industry, Georgia, Lenders, Loans

See all updates »

Jonathan Eggert

White House Restricts U.S. Entry of Certain Foreign Nationals

On June 4, 2025, President Trump issued an Executive Order (“the Order”) restricting the ability of nationals from nineteen (19) countries from entering the United States. The following countries are subject to what the Order… more

Executive Orders, Foreign Nationals, Foreign Policy, Foreign Workers, Immigration Enforcement

See all updates »

David Elliott

Investigating and Defending Identity Theft Claims Against Furnishers Under The Fair Credit Reporting Act

Introduction - The Fair Credit Reporting Act (FCRA) was enacted to promote the accuracy, fairness, and privacy of information maintained by Consumer Reporting Agencies (CRAs). In addition to imposing duties on the CRAs, it… more

Claim Procedures, Credit Reporting Agencies, Credit Reports, Fair Credit Reporting Act (FCRA), Financial Services Industry

See all updates »

Schuyler Espy

ADEM Proposes Revisions to its Recycling Rules – 15 Years in the Making

After 15 years without significant revisions, the Alabama Department of Environmental Management (ADEM) is proposing an overhaul of its recycling rules. The proposed regulations, which ADEM released for public notice and… more

Alabama, Comment Period, End-Users, Environmental Policies, Manufacturers

See all updates »

Laura Evans

HHS OIG Launches Segment-Specific Compliance Guidance for Nursing Facilities

On November 20, 2024, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued the Nursing Facility Industry Segment-Specific Compliance Program Guidance (Nursing Facility ICPG). This… more

Compliance Management Systems, Department of Health and Human Services (HHS), Health Care Providers, Healthcare, Healthcare Facilities

See all updates »

Ronald Farley

EPA Administrator Nomination Confirmed by Senate While EPA Defends Recent Analysis Showing Decline in Enforcement

The Senate narrowly confirmed Andrew Wheeler as Administrator of the Environmental Protection Agency on Thursday, February 28, 2019, by a vote of 52-47. No Democrats supported the nomination and one Republican also opposed… more

Confirmation Proceedings, Employment Policies, Enforcement Actions, Environmental Protection Agency (EPA), Presidential Nominations

See all updates »

Kelli Carpenter Fleming

Considerations Before Opting Out of Medicare

In recent years, we have seen an emerging number of physicians and health care providers transitioning to concierge, direct-to-consumer practices. Many providers no longer want to deal with the hassles of billing insurance,… more

Centers for Medicare & Medicaid Services (CMS), Contract Terms, Health Care Providers, Healthcare Reform, Medicare

See all updates »

Ronald Flowers

Michigan’s Earned Sick Time Act, With Amendments, Has Gone Into Effect

Following the 2019 ballot initiative and Michigan Supreme Court decision in Mothering Justice v. Attorney General, Michigan’s Earned Sick Time Act (“ESTA”) went into effect on February 21, 2025. The ESTA sets out minimum… more

Compliance, Earned Sick Time, Employee Benefits, Employer Responsibilities, Employment Policies

See all updates »

Rachel Friedman

Sixth Circuit Dismisses FDCPA Voicemail Case For Lack of Standing

In line with the recent trend of courts giving increased scrutiny to standing in consumer finance cases, the Sixth Circuit Court of Appeals dismissed an appeal this week under the Fair Debt Collection Practices Act (“FDCPA”) for… more

Article III, Corporate Counsel, Debt Collection, Debt Collectors, FDCPA

See all updates »

Jason Gabriel

Live Local Act Makes It Easier to Develop Affordable Housing in FL

Background - On March 29, 2023, Governor Ron DeSantis signed Senate Bill 102, otherwise known as the Live Local Act (“LLA” or “Act”), into law, representing a large investment for housing efforts, one of the largest in… more

Affordable Housing, Construction Project, Critical Infrastructure Sectors, Florida, Housing Market

See all updates »

Gonzalo Gandara

Latin America: Panama Advances Toward Full Mercosur Membership and is Removed from EU’s High-Risk Jurisdiction List

The President of Panama has requested that the National Assembly approve an agreement with the Southern Common Market - Mercado Común del Sur (Mercosur), with the aim of initiating bilateral negotiations with each member country… more

Anti-Money Laundering, EU, Foreign Investment, International Trade, Investment

See all updates »

Douglas Gartenlaub

A Brief Overview of the Recent Changes to the AIA A201

In 1997, the American Institute of Architects (“AIA”) started updating the A201 every ten years. The AIA has now introduced a 2017 version of the A201 and other contract documents, including the A100 series… more

American Institute of Architects, Architects, Construction Industry, Design-Build, Regulatory Oversight

See all updates »

Cheri Turnage Gatlin

Construction and Real Estate E-Note - August 2021

Resources - Federal Regulators Taking Aim at Anti-Competitive Employment Practices - Employers in every sector use restrictive covenants to guard against loss of institutional knowledge, relationships, and training… more

Construction Project, Construction Workers, Employment Contract, Employment Policies, Foreign Nationals

See all updates »

Rachel Gilbert

CMS Proposes to Resolve 340B Illegal Rate with $9M Pay-Out for Traditional Medicare; Medicare Advantage to be Negotiated Privately

In July 2023, the Centers for Medicare and Medicaid Services (“CMS”) proposed a final rule to address illegal traditional Medicare rates paid in the 340B Drug Pricing Program from 2018-2022. CMS’ proposal would see CMS pay 340B… more

Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Drug Pricing, Health Care Providers, Health Insurance

See all updates »

Gerald Gillespy

Important Changes To The Federal Rules Are Almost Here

On December 1, 2015, amendments to the Federal Rules of Civil Procedure adopted by the United States Supreme Court will be effective (absent action by Congress). The amendments to the Rules should be duly noted by litigation… more

Discovery, Federal Rules of Civil Procedure, FRCP 26, FRCP 34, SCOTUS

See all updates »

James Gilliam

Labor & Employment E-Note - March 2021

Spotlight - Burr & Forman Represents Coastal Carolina University in Title IX Defense Verdict - Jim Gilliam and Hunter Freeman successfully represented Coastal Carolina University in a five-day federal jury trial… more

Biden Administration, Coronavirus/COVID-19, Cyberbullying, Disciplinary Proceedings, Employee Retention

See all updates »

Robert Given

Cyber Insurance - An Essential Component to Your Business

The impact of cyber-attacks cannot be underestimated. Cyber liability exposure will be a loss leader for businesses in 2023. With this in mind, it is imperative for any business to properly manage its ever growing cyber risk,… more

Cyber Attacks, Cyber Insurance, Cybersecurity, Risk Management

See all updates »

Jon Gumbel

Changes to Georgia Unemployment Benefits: Eligibility, Total Benefits and Employer Obligations

As the COVID-19 public health emergency continues to ravage our communities, an increasing number of Georgians are forced to file for unemployment benefits… more

CARES Act, Coronavirus/COVID-19, Relief Measures, Unemployment Benefits, Unemployment Insurance

See all updates »

James Haithcock, III

Life After Death for Chapter 7 Corporate Debtors? What Remains After a Corporate Liquidation

Individuals filing for bankruptcy pursuant to Chapter 7 of Title 11 of the United States Code (the "Bankruptcy Code") generally do so to have their debts discharged and receive the proverbial "fresh start." The same, however, is… more

Chapter 7, Commercial Bankruptcy, Fraud, Liquidation, Young Lawyers

See all updates »

Kevin Han

Understanding the Alien Registration Requirement

President Trump and the Department of Homeland Security (DHS) recently created a mandatory procedure that non-U.S. citizens must use to register with the federal government and submit fingerprints. Despite several court… more

Filing Requirements, Foreign Nationals, Green Cards, Immigrants, Immigration Procedures

See all updates »

Lindsay Hartman

Corporate E-Note - October 2021

Resources - What We Do And Don’t Know About The New COVID-19 Vaccination Mandates - Since President Biden’s announcement on September 9, 2021 of plans for COVID-19 vaccination and/or weekly testing mandates, we have received… more

Business Licenses, Coronavirus/COVID-19, Employer Mandates, Enforcement Actions, Federal Acquisition Regulations (FAR)

See all updates »

Maja Hartzell

Tennessee Human Rights Commission Dissolved Effective June 30, 2025

On May 12, 2025, Tennessee Governor Bill Lee signed into law House Bill 910/Senate Bill 860 which will dissolve the Tennessee Human Rights Commission (THRC), the state agency responsible for enforcing anti-discrimination laws… more

Anti-Discrimination Policies, Discrimination, Employment Discrimination, Government Agencies, Human Rights

See all updates »

Allison Hawkins

EEOC Issues Proposed Harassment Guidance Broadening Employers’ Obligations Under Federal EEO Law

On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published in the Federal Register its notice of proposed guidance on "Enforcement Guidance of Harassment in the Workplace." The guidance… more

Digital Platforms, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Harassment

See all updates »

Victor Hayslip

Eleventh Circuit’s Reading of FAA Bars Pre-Hearing Discovery

If an arbitration is governed solely by the FAA, an arbitrator may not require non-parties to take part in any pre-hearing discovery outside the presence of the arbitrator. In the recent Eleventh Circuit Court of Appeals… more

Appeals, Arbitration, Discovery, Discovery Disputes, Federal Arbitration Act

See all updates »

Ryan Hebson

District Court Denies Certification of “Novel” TCPA Reassigned Number Class Defined by List of Cell Phone Subscribers Identified by Plaintiff’s Counsel Because Class Still Could Not Be Ascertained Based on “Objective Criteria”

Although courts across the country agree that “a plaintiff class should not be certified unless membership therein is ‘adequately defined and clearly ascertainable,’” the extent of what a plaintiff must provide to satisfy this… more

Ascertainable Class, Class Action, Class Certification, FRCP 23, Reassigned Phone Numbers

See all updates »

William Hereford

Trump Administration Establishes Strategic Bitcoin Reserve and Digital Asset Stockpile

On March 6, 2025, President Trump signed an executive order establishing a Strategic Bitcoin Reserve and a U.S. Digital Asset Stockpile [Fact Sheet: President Donald J. Trump Establishes the Strategic Bitcoin Reserve and U.S… more

Blockchain, Cryptoassets, Cryptocurrency, Digital Assets, Digital Currency

See all updates »

Erin Hewitt

Fannie Mae and Freddie Mac Payment Deferral Programs

On March 23, in response to the COVID-19 Pandemic and its effects in the United States, the Federal Housing Finance Agency announced that Fannie Mae and Freddie Mac will offer mortgage forbearance to multifamily borrowers… more

Coronavirus/COVID-19, Deferred Action, Fannie Mae, Forbearance Agreements, Freddie Mac

See all updates »

H. Carlton Hilson

Are Overtime Wages and Tips Exempt From Income Tax? What Employers Need to Know to Prepare

Join Carlton Hilson and Amy Jordan Wilkes as they discuss the recent proposals that aim to eliminate federal taxes on overtime pay and tips and what this means for employers… more

Employer Responsibilities, Income Taxes, IRS, New Legislation, Over-Time

See all updates »

C. Logan Hinkle

What Employers Need To Know in a Post-Roe World

On June 24, 2022, the Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade, the 1973 ruling that protected a woman’s right to have an abortion. In Dobbs, the Supreme Court… more

Abortion, Americans with Disabilities Act (ADA), Dobbs v. Jackson Women’s Health Organization, Employee Benefits, Employee Retirement Income Security Act (ERISA)

See all updates »

James Hoover

Not Your Everyday Top Ten List

On May 12, 2025, the head of the United States Department of Justice’s Criminal Division, Matthew Galeotti, issued a Memorandum to all division personnel outlining the division’s updated enforcement priorities. The stated… more

Corporate Misconduct, Department of Justice (DOJ), Enforcement Priorities, Financial Crimes, Healthcare Fraud

See all updates »

G. Wilson Horde III

Fannie Mae and Freddie Mac Payment Deferral Programs

On March 23, in response to the COVID-19 Pandemic and its effects in the United States, the Federal Housing Finance Agency announced that Fannie Mae and Freddie Mac will offer mortgage forbearance to multifamily borrowers… more

Coronavirus/COVID-19, Deferred Action, Fannie Mae, Forbearance Agreements, Freddie Mac

See all updates »

Chester Hosch

FTC Non-Compete Ban: Implications for the Health Care Industry

Earlier this year, the Federal Trade Commission (FTC) approved a final rule that invalidates most post-engagement non-compete covenants in all agreements. This rule prohibits use and enforcement of non-compete covenants and… more

Compliance, Confidential Information, Employer Responsibilities, Employment Contract, Federal Bans

See all updates »

David Houston, IV

Toxins-Are-Us: Bankruptcy Treatment of Environmental Liabilities

Since taking office, President Joseph R. Biden has confirmed his commitment to addressing environmental issues. On April 9, 2021, he proposed allocating $14 billion toward initiatives to fight climate change, including large… more

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

See all updates »

Madeline Hughes

Can You Be Sued In Any State? The Supreme Court’s Decision in Mallory v. Norfolk Southern Suggests So

A recent (and surprising) ruling of the United States Supreme Court may allow businesses to be sued in states in which they have little connection. The United States Supreme Court, split 5-4 (Gorsuch, Thomas, Alito, Sotomayor… more

Commerce Clause, Constitutional Challenges, Due Process, Foreign Corporations, Fourteenth Amendment

See all updates »

Ingu Hwang

How Employers Can Prepare for I-9 Audits

Employers across the United States are legally required to ensure their workforce is authorized to work in the country. Form I-9, officially known as the Employment Eligibility Verification form, is a critical part of this… more

Audits, Employer Responsibilities, Enforcement Actions, Foreign Workers, Form I-9

See all updates »

Heather Jamison

Rough Ride Ahead for Alabama Landlords and Tenants Despite Reopening Efforts

Like the majority of the country, Alabama essentially shuttered its economy in March in an effort to curb the rapid spread of COVID-19. As of July 2020, the State of Alabama began rapidly reopening for business, and retail and… more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Coronavirus/COVID-19, Eviction

See all updates »

Gabriell Jeffreys

The Burr Broadcast: Key Differences Between PWFA and ADA

In this episode of The Burr Broadcast, labor and employment attorney Gabriell Jeffreys discusses the final rules issued by the U.S. Equal Employment Opportunity Commission (EEOC) for the Pregnant Workers Fairness Act (PWFA). She… more

Americans with Disabilities Act (ADA), Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnancy

See all updates »

Benjamin Jenkins, IV

Developers and Builders Beware: South Carolina Court Again Invalidates an Arbitration Clause, this Time Based on an Attempt to Shorten the Statute of Limitations

On December 11, 2024, the South Carolina Supreme Court sent a clear message to home developers/builders – an arbitration clause that also contains a provision that violates a statute and/or South Carolina public policy may… more

Arbitration, Arbitration Agreements, Housing Developers, Public Policy, Statute of Limitations

See all updates »

Taylor Barr Johnson

Cybersecurity & Data Privacy E-Note - December 2021

Please see full Infographic for more information… more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection

See all updates »

John Kavanagh Jr.

Federal Motor Carrier Safety Administration (FMCSA) // Emergency Declaration Allowing Regulatory Reprieve for Carriers and Drivers Providing “Direct Assistance” to COVID-19 Relief

In an effort to address critical transportation needs associated with the COVID-19 emergency, the Federal Motor Carrier Safety Administration (FMCSA) issued an emergency declaration on March 13, 2020 suspending multiple driver… more

Commercial Truck Drivers, Coronavirus/COVID-19, Emergency Management Plans, Emergency Response, FMCSA

See all updates »

Nicole Keefe

Department of Treasury Releases Proposed Regulations Offering Pandemic Relief to Qualified Opportunity Zone Businesses

On April 14, 2021, the Department of Treasury (“Treasury”) released proposed regulations (the “Proposed Regulations”) that, if adopted, would allow flexibility for qualified opportunity zone businesses (“QOZBs”) to revise or… more

Community Development, Economic Development, FIRPTA, Foreign Investment, Investment Opportunities

See all updates »

Richard Keller

Burr Alert: Preemption Of State Consumer Protection Laws Under The Dodd-Frank Act

The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act” or the “Act”), signed into law in 2010, contains a series of regulatory reforms aimed in part to combat what was perceived as lax financial… more

Consumer Financial Protection Bureau (CFPB), Consumer Protection Act, Dodd-Frank, HOLA, Preemption

See all updates »

Kermit Kendrick

U.S. DOT to Release Important Potential Changes to Hours of Service Regulations, Including Hitting the Pause Button

On August 14, 2019, the Department of Transportation announced proposed changes that have been in the works for the last couple of years – changes which will hopefully empower (rather than constrain) commercial drivers for… more

Commercial Truck Drivers, Department of Transportation (DOT), Freight Forwarding, Hours of Service, Labor Regulations

See all updates »

Melissa Azallion Kenny

White House Restricts U.S. Entry of Certain Foreign Nationals

On June 4, 2025, President Trump issued an Executive Order (“the Order”) restricting the ability of nationals from nineteen (19) countries from entering the United States. The following countries are subject to what the Order… more

Executive Orders, Foreign Nationals, Foreign Policy, Foreign Workers, Immigration Enforcement

See all updates »

William Kim

Use of AI and Privacy Policies

As U.S. businesses and organizations continue to utilize and integrate large language models, generative AI, and other artificial intelligence platforms in their operations, it is important to review and update its policies and… more

Algorithms, Artificial Intelligence, Automation Systems, Business Operations, Data Privacy

See all updates »

Catherine Kirkland

“Incident To” Billing Promotes Productivity, But Presents Many Potential Pitfalls

Under certain circumstances, Medicare allows physician practices to bill eligible non-physician practitioners (NPPs) under a supervising physician’s provider number and at 100 percent of the supervising physician’s allowable… more

Health Care Providers, Health Insurance, Healthcare, Medical Bills, Medicare

See all updates »

William Klett, III

Protecting Confidential Intellectual Property in the Wake of the FTC’s “Final Rule” Against Non-Competition Provisions

As the Federal Trade Commission (FTC) implements “the final rule” banning non-competes, businesses with sensitive intellectual property (IP) must look to alternative measures to safeguard it. Despite apprehension about the… more

Confidential Information, Contract Terms, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

See all updates »

Adam Knight

COVID-19 Foreclosure Bulletin

COVID-19 (or Coronavirus) is set to dramatically change the foreclosure and eviction process across the United States for the next 60-90 days and likely beyond… more

Coronavirus/COVID-19, Department of Veterans Affairs, Eviction, Fair Housing Act (FHA), Fannie Mae

See all updates »

John Lassiter

Health Care E-Note - March 2022

HELPFUL HINTS - Justice Department Reports More Than $8B In Alleged Fraud Related to COVID-19 Relief Programs - The Washington Post reports, “Since the U.S. government first marshaled its historic economic response to… more

Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

See all updates »

Forrest Latta

Judge Neil Gorsuch Lightens the Burden for Proving “Amount in Controversy” for Federal Jurisdiction

When is a postage stamp like a lottery ticket? When purchased from Stamps.com according to one of its customers. Elizabeth Hammond of New Mexico filed a class action, seeking to recover the sum of $31.98 each on behalf of… more

Amount in Controversy, CAFA, Class Action, Federal Jurisdiction, Neil Gorsuch

See all updates »

William Lawrence

How the Birthright Citizenship Issue Could Have Fundamentally Affected College Athletes' NIL Rights

Introduction - While intended to clarify applicable laws, U.S. Supreme Court rulings sometimes have consequences that impact society in unexpected ways. These unintended consequences can range from altering the… more

Antitrust Litigation, College Athletes, Constitutional Challenges, Fourteenth Amendment, Injunctions

See all updates »

Lance Lawson P.E.

WesternGeco: The Supreme Court Rules That Patent Damages Arising From Foreign Activities May Be Permitted

On June 22, 2018, in a 7-2 opinion, the Supreme Court of the United States reversed the Court of Appeals for the Federal Circuit and held that under 35 U.S.C. § 271(f)(2), patent damages arising from foreign activities may be… more

Damages, Extraterritoriality Rules, Foreign Sales, Intervening Acts, Patent Infringement

See all updates »

G. Wade Leach

A “Clean” Start to 2021: Changes to Federal Anti-Money Laundering Laws

In a surprise bout of bipartisanship, and overriding a presidential veto, both chambers of Congress signaled a new priority for 2021—the strengthening of federal anti-money laundering provisions, albeit by an unexpected vehicle… more

Anti-Money Laundering, Beneficial Owner, BSA/AML, Financial Crimes, Financial Institutions

See all updates »

Ryli Wallace Leader

Evasive Deposition Tactics by the CFPB Supported Dismissal as a Sanction, Affirmed by Eleventh Circuit

On Monday, the Eleventh Circuit affirmed sanctions levied by the United States District Court for the Northern District of Georgia against the Consumer Financial Protection Bureau due to its conduct during discovery. The CFPB… more

Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection, Debt Collectors, Depositions

See all updates »

Alan Leeth

The United States Supreme Court Requires Courts to Stay Rather Than Dismiss Actions Subject to Arbitration

In Smith v. Spizzirri, 2024 WL 2193872 (U.S. May 16, 2024), the United States Supreme Court issued a ruling holding that courts must stay, rather than dismiss, cases that are subject to arbitration. The unanimous decision… more

Arbitration, Arbitration Agreements, Dismissals, Federal Arbitration Act, SCOTUS

See all updates »

Laurence Litow

Health Care E-Note - March 2022

HELPFUL HINTS - Justice Department Reports More Than $8B In Alleged Fraud Related to COVID-19 Relief Programs - The Washington Post reports, “Since the U.S. government first marshaled its historic economic response to… more

Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

See all updates »

Gary London

DOJ & FTC Release Antitrust Guidance for HR Professionals

The Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) recently issued a strong warning to HR professionals: certain agreements to fix salaries or limit competition could result in… more

Anti-Competitive, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), Hiring & Firing

See all updates »

Michael Lucas

Making The Hiring Process Work

In This Presentation: - Using Social Media in Hiring Decisions ..Scenario #1 - Hiring Employees with Restrictive Covenants ..Scenario #2 - Disparate Impact ..Scenario #3 - Federal Contractors -… more

Employer Liability Issues, Hiring & Firing, Job Applicants, Restrictive Covenants

See all updates »

Garrett Lucey

FTC Non-Compete Ban: Implications for the Health Care Industry

Earlier this year, the Federal Trade Commission (FTC) approved a final rule that invalidates most post-engagement non-compete covenants in all agreements. This rule prohibits use and enforcement of non-compete covenants and… more

Compliance, Confidential Information, Employer Responsibilities, Employment Contract, Federal Bans

See all updates »

Gregory Lunny

Health Care E-Note - March 2022

HELPFUL HINTS - Justice Department Reports More Than $8B In Alleged Fraud Related to COVID-19 Relief Programs - The Washington Post reports, “Since the U.S. government first marshaled its historic economic response to… more

Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

See all updates »

Emily Mack

Tennessee Human Rights Commission Dissolved Effective June 30, 2025

On May 12, 2025, Tennessee Governor Bill Lee signed into law House Bill 910/Senate Bill 860 which will dissolve the Tennessee Human Rights Commission (THRC), the state agency responsible for enforcing anti-discrimination laws… more

Anti-Discrimination Policies, Discrimination, Employment Discrimination, Government Agencies, Human Rights

See all updates »

Michael Maguire

Florida to Eliminate Sales Tax on Most Commercial Rent Starting October 1, 2025

Starting October 1, 2025, Florida will officially end the state sales tax and any local surtaxes on commercial property rent. After that date, sales tax will no longer apply to rent for office buildings, retail spaces,… more

Commercial Leases, Commercial Property Owners, Commercial Tenants, Florida, Landlords

See all updates »

Allyson Mancuso

Seventh Circuit Holds Bankruptcy Debtor Has No Standing to Assert FDCPA Claims

In Pucillo v. National Credit Systems, Inc., No. 21-3131, 2023 WL 3090627 (7th Cir. Apr. 26, 2023), the Seventh Circuit Court of Appeals affirmed the district court's dismissal of the plaintiff's FDCPA claims for lack of Article… more

Article III, Chapter 7, Consumer Bankruptcy, Debt Collection, Debt Collectors

See all updates »

Reid Manley

Biden Administration Announces Mortgage Relief as Foreclosure Moratorium Comes to an End

In just a few days, on July 31, 2021, the national moratoriums on residential evictions and foreclosures are set to expire. With this deadline fast approaching, the Biden administration announced a new mortgage relief plan on… more

Biden Administration, Coronavirus/COVID-19, Department of Veterans Affairs, Eviction, Federal Housing Administration (FHA)

See all updates »

April McKenzie Mason

Labor & Employment E-Note - August 2021

ADA Title III Website Accessibility Lawsuits On The Rise - The number of Americans with Disabilities Act (“ADA”) Title III lawsuits filed against businesses nationwide continues to increase. In 2020 alone, approximately… more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Foreign Workers

See all updates »

Ellen Mathews

SEC Makes First Finding of Retaliation in Violation of the Exchange Act’s Anti-Retaliation Rule

On June 16, 2014, the SEC entered an order (the “Order”) instituting cease and desist proceedings against an investment adviser, Paradigm Capital Management, Inc. (“Paradigm”), and Paradigm’s founder, Director, President, Chief… more

Anti-Retaliation Provisions, Disgorgement, Employer Liability Issues, Enforcement Actions, Hedge Funds

See all updates »

Warren Matthews

Health Care E-Note - March 2022

HELPFUL HINTS - Justice Department Reports More Than $8B In Alleged Fraud Related to COVID-19 Relief Programs - The Washington Post reports, “Since the U.S. government first marshaled its historic economic response to… more

Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

See all updates »

Charla Mcklevey

Important Update: Florida Sales Tax Reduction on Commercial Leases

As of June 1, 2024, the State of Florida reduced the state sales tax rate on commercial real property lease payments from 4.5% to 2%. All commercial leases with an occupancy period that started on or after June 1, 2024 will be… more

Commercial Leases, Florida, Sales Tax, State and Local Government, Tax Liability

See all updates »

Derek Meek

Applicability of USTP Guidelines to Bankruptcy Administrators

Two institutions exist to ensure that bankruptcy cases are conducted in conformity with bankruptcy laws: the U.S. Trustee Program (USTP) and the Bankruptcy Administrator (BA) Program. 1 These institutions perform substantially… more

Chapter 11, Commercial Bankruptcy, Consumer Bankruptcy, Trustees

See all updates »

K. Bryance Metheny

The Burr Broadcast: Dartmouth Men's Basketball Team Unionization Efforts Explained

In this episode of The Burr Broadcast, Bryance Metheny, leader of the firm's Labor & Employment practice group, discusses the process that private employers would follow if a union attempts to organize its workforce. He uses the… more

Athletes, Collective Bargaining, College Athletes, Educational Institutions, Employer Liability Issues

See all updates »

Christopher Meyer

Mississippi Supreme Court Reaffirms Narrow Role of Courts in Modifying Arbitration Awards

The Mississippi Supreme Court recently considered the narrow role of courts in amending arbitration awards and the applicability of federal and state statutes in a choice-of-law conflict. See D.W. Caldwell, Inc. v. W.G. Yates &… more

Arbitration Awards, Choice-of-Law, Construction Contracts, Federal Arbitration Act, MS Supreme Court

See all updates »

Scott Miller

The “Real Dirt” Tax Reform and the Real Estate Industry

Just prior to 2017 year end, Congress passed tax legislation that legislators and tax pundits alike describe as the most significant overhaul of the Internal Revenue Code since the 1986 Tax Act] championed by President Ronald… more

Alternative Minimum Tax, Business Taxes, Corporate Taxes, Net Operating Losses, New Legislation

See all updates »

Zachary Miller

TCPA Breaking News: The Sixth Circuit Sides With Marks, as the Supreme Court Readies to Step In

This summer has been jam packed with Telephone Consumer Protection Act (TCPA) developments. The Federal Communications Commission (FCC) issued a decision finding that peer-to-peer text messaging systems were exempt from the… more

ATDS, Auto-Dialed Calls, Barr v American Association of Political Consultants Inc, Facebook Inc v Duguid, FCC

See all updates »

Matthew Mitchell

The CFPB and New York Attorney General’s Office Levy New Attack On Subprime Indirect Auto Financing in Complaint Filed Against Credit Acceptance Corporation

On January 4, 2023, the Consumer Financial Protection Bureau (CFPB) and New York Attorney General (“NYAG”) (collectively, the “Plaintiffs”) filed a complaint in the Southern District of New York against Credit Acceptance… more

Automotive Loans, Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Financial Services Industry, Professional Misconduct

See all updates »

Liz Moore

Corporate Transparency Act Filing Deadlines Approaching - What You Need to Know, Part II

The Corporate Transparency Act (CTA) requires “reporting companies” to report certain beneficial ownership information (BOI) to the U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) in order to enhance… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

See all updates »

Richard Morgan

A Lurking Danger – Is Unionization Inevitable?

Since March of 2020 American businesses have been challenged with unprecedented and unique obstacles. A fairly robust economic engine shut down overnight, shelves were bare and supply chains were interrupted at an alarming rate… more

Collective Bargaining, Employee Rights, Employer Liability Issues, Labor Regulations, Labor Relations

See all updates »

Samuel Morris

Eighth Circuit Dismisses FCRA Class Action Due to Lack of Standing

Following the Supreme Court’s decision in Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), federal courts have continued to examine what is an injury in fact under the Fair Credit Reporting Act (“FCRA”). On April 4, 2022, the Eighth… more

Article III, Class Action, Consumer Reports, Criminal Background Checks, Fair Credit Reporting Act (FCRA)

See all updates »

George Morrison

Corporate Transparency Act Enforcement Suspended for U.S. Citizens and U.S. Entities

What Happened? On February 18, 2025, the last of the nationwide injunctions enjoining enforcement of the Corporate Transparency Act (“CTA”), Smith, et al. v. U.S. Department of the Treasury, et al., (E.D. Tex.), was stayed,… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

See all updates »

John Morrow

Making Adjustments: Insurers, Counsel, and the Attorney-Client Privilege

Insurers often rely on counsel, external or otherwise, when addressing the validity and/or strength of claims filed by their insureds. However, there is a trend in the courts which makes the extent and nature of such reliance… more

Attorney-Client Privilege, Discovery, Insurance Claims, Insurance Litigation, Privilege Waivers

See all updates »

Dent Morton

DOL Regulations on Requirements for Childcare Leave May Be a Trap for the Unwary

The U. S. Department of Labor issued its temporary regulations on the Families First Coronavirus Response Act (“FFCRA”) on April 2, 2020. The regulations provide some important (and surprising) information regarding paid leave… more

Child Care, Coronavirus/COVID-19, Department of Labor (DOL), EFMLA, EPSLA

See all updates »

Jennifer Moseley

Alternative Financing Sources for Developers: EB-5 And E-2 Investors

The EB-5 immigrant visa investor program has been used as an alternative source of funding for many real estate developers. EB-5 investors have typically preferred real estate related projects, and EB-5 capital has been used to… more

Business Plans, Construction Project, E-2, EB-5, Entrepreneurs

See all updates »

Jonathan Nason

DOL Updates Factors For Selecting Plan Investments

On October 30, 2020, the U.S. Department of Labor (the “DOL”) released a Final Rule to “provide clear regulatory guideposts for fiduciaries of private-sector retirement and other employee benefit plans in light of recent trends… more

Amended Regulation, Department of Labor (DOL), Duty of Loyalty, Duty of Prudence, Employee Benefits

See all updates »

Mary Newman

Corporate Transparency Act Enforcement Suspended for U.S. Citizens and U.S. Entities

What Happened? On February 18, 2025, the last of the nationwide injunctions enjoining enforcement of the Corporate Transparency Act (“CTA”), Smith, et al. v. U.S. Department of the Treasury, et al., (E.D. Tex.), was stayed,… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

See all updates »

Benjamin Nicholson V

Developers and Builders Beware: South Carolina Court Again Invalidates an Arbitration Clause, this Time Based on an Attempt to Shorten the Statute of Limitations

On December 11, 2024, the South Carolina Supreme Court sent a clear message to home developers/builders – an arbitration clause that also contains a provision that violates a statute and/or South Carolina public policy may… more

Arbitration, Arbitration Agreements, Housing Developers, Public Policy, Statute of Limitations

See all updates »

Armando Nozzolillo

Court Denies Creditor’s Motion to Dismiss Chapter 11 Case Despite Multiple Factors in Favor of Dismissal

In a recent case out of the bankruptcy court for the Southern District of Florida (the “Court”), a secured creditor moved to dismiss a debtor’s bankruptcy case “for cause” based on the debtor’s bad faith filing. The debtor… more

Bad Faith, Chapter 11, Commercial Bankruptcy, Creditors, Dispensaries

See all updates »

Denzel Okinedo

The Role of Brownfields in Economic Development: Turning Challenges into Opportunities

Brownfields play a pivotal but often underappreciated role in economic development. These underutilized or abandoned industrial or commercial sites, often burdened with real or perceived contamination, represent both a challenge… more

Brownfield Properties, Community Development, Contaminated Properties, Economic Development, Urban Planning & Development

See all updates »

Nathaniel Otto

NIL Go: Deloitte’s 3-Step Evaluation Process for Third-Party NIL Deals

“NIL Go,” the new clearinghouse born from the House settlement, is rapidly becoming one of the most discussed and debated developments among college coaches, student-athletes, and their representatives. On December 9, 2024, the… more

Arbitration, College Athletes, Compensation, Compliance, Fair Market Value

See all updates »

Roni Payne

The Burr Broadcast: OSHA Heat Illness & Injury Prevention Standards

In this episode of The Burr Broadcast, Roni Payne outlines OSHA's recently proposed standards for Heat Injury & Illness Prevention and the related requirements for employers… more

Employer Liability Issues, Health and Safety, Heat Exposure, OSHA, Workplace Hazards

See all updates »

Natalie Ecker Phillips

Pregnant Workers Fairness Act (PWFA) Update

Join John Connell and Natalie Phillips as they discuss the recent legal challenges to the PWFA and discuss potential outcomes. They will also revisit the PWFA as it currently stands and provide an overview of what employers… more

Employee Rights, Employer Responsibilities, Employment Discrimination, Pregnancy Discrimination, Pregnant Workers Fairness Act

See all updates »

Thomas Potter, III

Hackers Extort Victim with SEC Whistleblower Complaint

In an unintended consequence of the Securities and Exchange Commission's (SEC) unprecedented rulemaking agenda, a black-hat hacker gang has filed a whistleblower complaint against its victim for not reporting a cybersecurity… more

Cyber Attacks, Cybersecurity, Data Breach, Disclosure Requirements, Form 8-K

See all updates »

Joel Price Jr.

COVID-19 Notary Services Impact Bulletin – 50 State Survey

With COVID-19 social-distancing and stay at home orders, millions of Americans have been forced to adapt and find new ways to transact business. While people are generally familiar with receiving documents by email for review… more

Coronavirus/COVID-19, E-Signatures, Electronic Notarization Standard, Notarization

See all updates »

Bret Pruehs

ATI Exemption for South Carolina Multi-Family Purchasers

South Carolina law provides for a property tax exemption in the year following a sale (the “ATI Exemption”) which should be contemplated in due diligence, property tax planning and a key post-closing task for multi-family… more

Fair Market Value, Multi-Family Development, Property Tax, Real Estate Development, Tax Exemptions

See all updates »

Nathaniel Quirk

The Collision of AI and Copyrights

As artificial intelligence (AI) continues to be increasingly utilized in a wide variety of both business and consumer applications, a plethora of legal questions are being raised. Many of these questions revolve around how the… more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Innovative Technology

See all updates »

Bruce Rawls

Changes in Tax Rates for 2023

The IRS has issued Revenue Procedure 2022-38, which sets forth inflation-adjusted items for various provisions of the Internal Revenue Code which will be applicable in 2023. Here are some of the highlights… more

Capital Gains, Corporate Taxes, Estate Tax, Gift Tax, Income Taxes

See all updates »

Renee Rayne

Medicare Announced First 10 Drugs for Upcoming Price Negotiations

In 2024, Medicare will, for the first time, have authority under the Inflation Reduction Act passed in 2022 to negotiate drug prices with pharmaceutical manufacturers. On August 29, the Centers for Medicare and Medicaid Services… more

Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Drug Pricing, Eighth Amendment, Fifth Amendment

See all updates »

Michael Rich

Modernizing Defense Acquisition and Spurring Innovation in the Defense Industrial Base

On April 9, 2025, President Donald J. Trump signed an Executive Order, titled “Modernizing Defense Acquisition and Spurring Innovation in the Defense Industrial Base.” This order outlines a broad and ambitious reform effort… more

Acquisitions, Contract Disputes, Defense Contracts, Department of Defense (DOD), DFARS

See all updates »

Dana Robbins

Did the Supreme Court Really Ban Nunc Pro Tunc Orders?

The U.S. Supreme Court in Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, No. 18-921, 2020 WL 871715, at * (U.S. Feb. 24, 2020) in a per curiam opinion that turned on a state court’s jurisdiction after… more

Appeals, Asset Seizure, Catholic Church, Chapter 11, Federal Jurisdiction

See all updates »

Sarah Robertson

FinCEN’s Residential Real Estate Rule Applicable to Non-Financed Residential Entity Real Estate Transfers Effective December 1, 2025

Our friends at Chicago Title Insurance Agency have shared information regarding a new rule applicable to non-financed residential real estate transfers in which the purchaser is an entity or trust… more

Anti-Money Laundering, Beneficial Owner, Financial Crimes, FinCEN, Real Estate Transactions

See all updates »

Richard Robinson

Keep Your Friends Close, but Keep Your Critical Vendors Closer

The Seventh Circuit Court of Appeals’s 2004 decision in Kmart is the most frequently cited case on critical-vendor motions. In Kmart, the Seventh Circuit, in an opinion authored by Hon. Frank Easterbrook, affirmed a district… more

Chapter 11, Commercial Bankruptcy, Kmart, Priority Debt, Vendors

See all updates »

Katherine "Kiki" Rogers

Supreme Court: District Court Must Stay its Proceedings While an Interlocutory Appeal is Taken on the Question of Arbitrability

On June 23, 2023, in Coinbase v. Bielski, the Supreme Court issued a ruling holding that a district court must stay its proceedings while an interlocutory appeal of the issue of arbitration is ongoing. The 5-4 decision resolves… more

Arbitration, Automatic Stay, Coinbase, Coinbase Inc v Bielski, Cryptocurrency

See all updates »

Ty Roofner

Health Care E-Note - March 2022

HELPFUL HINTS - Justice Department Reports More Than $8B In Alleged Fraud Related to COVID-19 Relief Programs - The Washington Post reports, “Since the U.S. government first marshaled its historic economic response to… more

Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

See all updates »

Russell Rutherford

HUD Clarifies Standard Applicable to “Discriminatory Effects” Claims Under Fair Housing Act

Under the Fair Housing Act, it is unlawful for a seller, lessor, or financier of housing to discriminate based on race, color, religion, sex (including sexual orientation and gender identity), disability, familial status, or… more

Affordable Housing, Best Practices, Burden-Shifting, Disparate Impact, Disparate Treatment

See all updates »

Emily Schreiber

Regulation Best Interest is Good Enough: The Second Circuit Upholds Regulation BI in XY Planning Network

In XY Planning Network, LLC, et al. v. SEC, et al., the United States Court of Appeals for the Second Circuit rejected a challenge to Regulation Best Interest brought by an organization of investment advisers, an individual… more

Best Interest Standard, Broker-Dealer, Dodd-Frank, Fiduciary Duty, Investment Adviser

See all updates »

Thomas Scroggins

The Burr Morning Show: NLRB Updates

In this episode of The Burr Morning Show, Marcel Debruge and Tom Scroggins discuss the impacts of the latest NLRB updates you need to be aware of in 2024… more

Employee Rights, Employer Liability Issues, Employment Policies, Labor Relations, NLRA

See all updates »

Anna Scully

White House Restricts U.S. Entry of Certain Foreign Nationals

On June 4, 2025, President Trump issued an Executive Order (“the Order”) restricting the ability of nationals from nineteen (19) countries from entering the United States. The following countries are subject to what the Order… more

Executive Orders, Foreign Nationals, Foreign Policy, Foreign Workers, Immigration Enforcement

See all updates »

Matthew Scully

Managing Employee Leave: A Guide to Compliance and Best Practices

Employee leave management has become an increasingly complex aspect of human resources, requiring a solid understanding of intersecting federal laws and company policies. From accommodating medical needs to maintaining… more

Americans with Disabilities Act (ADA), Employee Benefits, Employee Rights, Employer Responsibilities, Family and Medical Leave Act (FMLA)

See all updates »

Michael Seezen

South Carolina Low Income Housing Tax Credit: Too Much of a Good Thing

The availability of “affordable housing” has become a major issue in many cities, counties and states across the United States, and South Carolina is no exception. To help address the affordable housing shortage, in 2020, South… more

Affordable Housing, Community Development, Construction Project, LIHTC, Low Income Housing

See all updates »

Melinda Eubanks Sellers

Alabama THC Bill

Alabama has enrolled legislation regulating the sale of consumable products (including beverages, edible products, and topical creams) containing THC or CBD derived from hemp, and has designated the Alabama ABC Board as the… more

Alabama, Cannabis Products, Cannabis-Related Businesses (CRBs), Excise Tax, Licensing Rules

See all updates »

Elizabeth Shirley, CIPP/US, CIPM

Is Your Business’s Privacy Policy a Bull's Eye?

We work with many US-based businesses that ask us to update their privacy policies to make sure they comply with current data protection laws that apply to them. These businesses are usually referring to their website privacy… more

Consumer Privacy Rights, Data Collection, Data Privacy, Information Governance, Opt-Outs

See all updates »

L. Robert Shreve

The Coronavirus Effect on Construction Projects

There is increased pressure by federal, state and local governments to minimize gatherings. Many businesses encourage telecommuting in situations such as this. However, that is not feasible on a construction project. Commercial… more

Business Interruption, China, Construction Project, Contract Terms, Coronavirus/COVID-19

See all updates »

Jacqueline Simms-Petredis

COVID-19 Foreclosure Bulletin

COVID-19 (or Coronavirus) is set to dramatically change the foreclosure and eviction process across the United States for the next 60-90 days and likely beyond… more

Coronavirus/COVID-19, Department of Veterans Affairs, Eviction, Fair Housing Act (FHA), Fannie Mae

See all updates »

Nicole Sims

Corporate Transparency Act Gets Green Light...Again

What Happened? On February 18, 2025, the last of the nationwide injunctions enjoining enforcement of the Corporate Transparency Act (“CTA”), Smith, et al. v. U.S. Department of the Treasury, et al., (E.D. Tex.), was stayed,… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

See all updates »

Angie Cameron Smith

COVID Immunity Upheld to Protect Health Care Providers

On October 4, 2024, the Alabama Supreme Court issued an opinion confirming and upholding the validity of not only the Governor’s Executive Order of May 8, 2020, providing immunity from negligence claims during the COVID-19… more

AL Supreme Court, Alabama, Civil Liability, Coronavirus/COVID-19, Health Care Providers

See all updates »

M. Corban Snider

Standing Room Only – Eighth Circuit Holds that Non-Consumer Attorney Lacks Standing to Bring FDCPA Claim

In Magdy v. I.C. Sys., Inc., No. 21-3010, 2022 WL 4075764, at *1 (8th Cir. Sept. 6, 2022), the Eighth Circuit Court of Appeals, faced with a matter of first impression, held that a non-consumer attorney could not bring an FDCPA… more

Article III, Debt Collection, Debt Collectors, FDCPA, Financial Services Industry

See all updates »

Ed Snow

Trump Administration Establishes Strategic Bitcoin Reserve and Digital Asset Stockpile

On March 6, 2025, President Trump signed an executive order establishing a Strategic Bitcoin Reserve and a U.S. Digital Asset Stockpile [Fact Sheet: President Donald J. Trump Establishes the Strategic Bitcoin Reserve and U.S… more

Blockchain, Cryptoassets, Cryptocurrency, Digital Assets, Digital Currency

See all updates »

Sara Solano

Now Say That Five Times Fast! Eleventh Circuit Upholds Arbitration Clause Delegating Adjudication of Threshold Questions of Arbitrability to Arbitrator

On May 26, 2022, the Eleventh Circuit issued an opinion reversing the Southern District of Florida’s denial of the appellant’s motion to compel arbitration, therein finding that the district court erred in failing to apply the… more

Arbitration, Arbitration Agreements, Consumer Financial Contracts, Consumer Financial Products, Delegation Clauses

See all updates »

Marc Solomon

Debtor’s Estate Set To Expand Or Contract Based On Supreme Court Ruling In Clark v. Rameker

Before the Supreme Court this term is the question of whether a beneficiary individual retirement account (an “Inherited IRA”) is exempt from a debtor’s bankruptcy estate under 11 U.S.C. § 522(b)(3)(C) and (d)(12)2 of the… more

Clark v. Rameker, Debtors, Estate Planning, Individual Retirement Account (IRA), Inheritance

See all updates »

Patrick "Cade" Spivey

Modernizing Defense Acquisition and Spurring Innovation in the Defense Industrial Base

On April 9, 2025, President Donald J. Trump signed an Executive Order, titled “Modernizing Defense Acquisition and Spurring Innovation in the Defense Industrial Base.” This order outlines a broad and ambitious reform effort… more

Acquisitions, Contract Disputes, Defense Contracts, Department of Defense (DOD), DFARS

See all updates »

Frank Springfield

Suttles v. Facebook, Inc. The ATDS Debate Continues but a Texas District Court Provides Hope for the Industry in The Fifth Circuit

The Fifth Circuit Court of Appeals may now have to decide where it stands on the ATDS issue. On May 20, 2020, Judge Lee Yeakel of the United States District Court for the Western District of Texas issued an opinion in Suttles… more

ATDS, Facebook, Social Media, TCPA

See all updates »

Scott Steady

EPA Updates Rule for Site Assessments to Address the Innocent Landowner Defense

On October 6, 2014, the Environmental Protection Agency (“EPA”) adopted a final rule which will eventually eliminate one of the two recognized ASTM International standards to conduct environmental site assessments, which were… more

AAI, ASTM, CERCLA, Environmental Protection Agency (EPA), Environmental Site Assessment

See all updates »

Jack Stephenson Jr.

Burr Alert: Physicians, Surgery Centers and Taxes

Since the enactment of the net investment income tax ("NIIT") in 2012, physicians and other taxpayers owning multiple business interests have had to make educated choices based upon accounting projections and SWAGS when… more

Ancillary Agreements, Health Care Providers, Healthcare, Healthcare Facilities, Income Taxes

See all updates »

Michael Strasavich

Specific Concerns: Insurance Coverage Denials and Specific Personal Jurisdiction

Insurance companies operate nationwide, no pun intended, and with that area of coverage comes more than their fair share of litigation. Common to each and every case is the consideration of whether the court has personal… more

Covenant of Good Faith and Fair Dealing, Denial of Insurance Coverage, Duty to Defend, Forum, Insurance Claims

See all updates »

Shea Sullivan

Foreclosure Law In The Wake Of Recent Decisions On Residential Mortgage Loans: The Situation In Georgia

Originally Publish in Pratt's Journal Of Bankruptcy Law, February/March 2013. Thousands of wrongful foreclosure lawsuits are filed each year in Georgia against banks, lenders, servicers, foreclosure firms, and other… more

Creditors, Debtors, Foreclosure, Mortgages, Notice Requirements

See all updates »

Lindsay Sutcliffe

New Tax Changes That Might Affect Your Estate Planning Strategy

While there are many new tax policy implementations that may be imminent with the new Biden administration, there are two changes in particular that estate planning attorneys are watching closely. These include (1) a reduction… more

Biden Administration, Estate Planning, Estate Tax, Gift-Tax Exemption, Inheritance Tax

See all updates »

Emily Campbell Taube

The Gross and the Fair of Toxic Tort Claims in Bankruptcy

Environmental-contamination claims present tricky issues for debtors seeking a fresh start through bankruptcy, as well as for creditors and purchasers of distressed assets. Difficult issues emerge in the context of when exactly… more

Chapter 11, Commercial Bankruptcy, Contaminated Properties, Creditors, Debt Restructuring

See all updates »

Al Teel

LeDure v. Union Pacific: Locomotive Inspection Act Case Law Stays Intact and “In Use” For Now

Interpretation of the phrase “in use” as used in the Locomotive Inspection Act (LIA) continues to baffle courts across the country, including the Supreme Court of the United States. On April 28, 2022, the Supreme Court let stand… more

Bradley LeDure v Union Pac R R Co, Employer Liability Issues, Federal Employers’ Liability Act (FELA), Infrastructure, Labor Law Violations

See all updates »

Chris Thompson

White Paper: Commercial Property Insurance Claims in Response to COVID-19

Nearly every business and not-for-profit in the country has been impacted by the ongoing COVID-19 pandemic. Demand for goods and services has dropped precipitously due to stay-at-home orders, public health recommendations, and… more

Business Closures, Business Interruption, Business Losses, Civil Authority Coverage, Coronavirus/COVID-19

See all updates »

Joshua Threadcraft

Illinois District Court Holds Text Messages Not Subject to DNC Registry/Internal DNC Requirements

Jones, et al. v. Blackstone Medical Services, LLC, No. 1:24-cv-01074-JEH-RLH, 2025 WL 2024764 (C.D. Ill. July 21, 2025) - On June 20, 2025, the United States Supreme Court released McLaughlin Chiropractic Assocs., Inc. v… more

Class Action, Consumer Protection Laws, Do Not Call List, FCC, Judicial Authority

See all updates »

William Thuston

State of the Automotive Industry in the U.S. Conference Followup

Here are some conference key takeaways we wanted to share with you that we found interesting from the STATE OF THE AUTOMOTIVE INDUSTRY IN THE U.S. presentation. - Global vehicle sales are expected to reach 101.6 million in… more

Automotive Industry, Connected Cars, Driverless Cars, Electric Vehicles, Lyft

See all updates »

David Timm

GAO Warns Protesters of AI Sanctions

Protesters beware – the Government Accountability Office (“GAO”) wants you to know they can and will sanction misuse of Generative Artificial Intelligence (“GenAI” or “AI”). Four recent decisions issued between May and July 2025… more

Artificial Intelligence, Bid Protests, Data Privacy, Discovery, Federal Acquisition Regulations (FAR)

See all updates »

Mark Tyson

Bankruptcy Court Declares Prohibition Against Debtors in Bankruptcy from Participating in Paycheck Protection Program Unenforceable

In March 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act in effort to provide support and economic relief to organizations and individuals during the Coronavirus pandemic. Pursuant to the… more

Bankruptcy Court, CARES Act, Coronavirus/COVID-19, Debtors, Federal Loans

See all updates »

Peter Vilmos

Florida Non-Compete Agreements and the Gift of Little League

October marks the return of the World Series, the joy of costumed children seeking candy from strangers (with—can you believe it—their parents’ permission), and the resumption of little leaguers trying their best to learn the… more

Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing, Intellectual Property Protection

See all updates »

Kelly Waits

Toxins-Are-Us: Bankruptcy Treatment of Environmental Liabilities

Since taking office, President Joseph R. Biden has confirmed his commitment to addressing environmental issues. On April 9, 2021, he proposed allocating $14 billion toward initiatives to fight climate change, including large… more

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

See all updates »

Joseph Walker

Tax Planning in Uncertain Times

There is a long list of reforms that the Trump administration intends to tackle and one of the items on the list is tax reform. Although there are multiple proposals by various players and significant variations among the… more

Business Taxes, C-Corporation, Corporate Taxes, Double Taxation, Income Taxes

See all updates »

John Wall, IV

South Carolina Extends and Increases the State Abandoned Buildings Revitalization Tax Credit

On May 20, 2024, South Carolina Governor Henry McMaster signed into law S.1021, a new law that extends and increases tax credits available to taxpayers who rehabilitate or renovate an existing, abandoned building. The new law… more

Abandoned Property, Construction Project, New Legislation, Real Estate Development, Redevelopment

See all updates »

David Wanhatalo

Burr Alert: Procedure for Perfecting a Mechanic’s Lien Claim in Alabama

Introduction A mechanic’s lien is a construction lien placed on real property which arises in favor of parties who furnish labor or material that is incorporated into the construction of a building or other improvement to land… more

Construction Contracts, Construction Disputes, Construction Industry, Construction Project, Mechanics Lien

See all updates »

Kristen Peters Watson

The State of CFPB Focus on Credit Reporting of Medical Debt

The COVID-19 pandemic's impact on medical debt has spurred the Consumer Financial Protection Bureau into action, particularly as it relates to the credit reporting of medical debt. Since 2020, the CFPB has received a steadily… more

Consumer Financial Protection Bureau (CFPB), Debt Collection, Debt Collectors, Fair Credit Reporting Act (FCRA), FDCPA

See all updates »

Katherine West

Third Circuit Finds Vacatur of Default Judgment Does Not Make Collection Activity Retroactively Unlawful

On January 11, 2023, the Third Circuit held that attempting to collect on a default judgment did not constitute using "'false, deceptive, or misleading' representations in connection with collecting the judgment" if the default… more

Debt Collection, Debt Collectors, Default Judgment, FDCPA, Financial Services Industry

See all updates »

Callie Sullins Whatley

Corporate Transparency Act Enforcement Suspended for U.S. Citizens and U.S. Entities

What Happened? On February 18, 2025, the last of the nationwide injunctions enjoining enforcement of the Corporate Transparency Act (“CTA”), Smith, et al. v. U.S. Department of the Treasury, et al., (E.D. Tex.), was stayed,… more

Beneficial Owner, Business Entities, Business Ownership, Compliance, Corporate Transparency Act

See all updates »

Amy Jordan Wilkes

Are Overtime Wages and Tips Exempt From Income Tax? What Employers Need to Know to Prepare

Join Carlton Hilson and Amy Jordan Wilkes as they discuss the recent proposals that aim to eliminate federal taxes on overtime pay and tips and what this means for employers… more

Employer Responsibilities, Income Taxes, IRS, New Legislation, Over-Time

See all updates »

Robert Williams

Health Care E-Note - March 2022

HELPFUL HINTS - Justice Department Reports More Than $8B In Alleged Fraud Related to COVID-19 Relief Programs - The Washington Post reports, “Since the U.S. government first marshaled its historic economic response to… more

Coronavirus/COVID-19, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Health Care Providers

See all updates »

Ronald Williams

OSHA in 2025: Key Updates and What Employers Should Know

Workplace safety initiatives continue to evolve amid the shifting political landscape and regulatory priorities. The Occupational Safety and Health Administration (OSHA) remains a central player in ensuring worker protection,… more

Biden Administration, Employee Rights, Employer Responsibilities, Enforcement Actions, Federal Labor Laws

See all updates »

Turner Williams

Summary Judgment Obtained on Common Carrier Issue

Birmingham attorneys Turner Williams and Al Teel obtained summary judgment in their favor on behalf of R.J. Corman Railroad Switching Company, LLC in McGinnis v. Alabama River Cellulose, LLC, et al., Case No… more

Common Carriers, Common Law Claims, Federal Employers’ Liability Act (FELA), Negligence, Premises Liability

See all updates »

Kathryn Willis

Labor & Employment E-Note - August 2021

ADA Title III Website Accessibility Lawsuits On The Rise - The number of Americans with Disabilities Act (“ADA”) Title III lawsuits filed against businesses nationwide continues to increase. In 2020 alone, approximately… more

Americans with Disabilities Act (ADA), Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Foreign Workers

See all updates »

Bailey Wood

Michigan’s Earned Sick Time Act, With Amendments, Has Gone Into Effect

Following the 2019 ballot initiative and Michigan Supreme Court decision in Mothering Justice v. Attorney General, Michigan’s Earned Sick Time Act (“ESTA”) went into effect on February 21, 2025. The ESTA sets out minimum… more

Compliance, Earned Sick Time, Employee Benefits, Employer Responsibilities, Employment Policies

See all updates »