Author Info for Phelps Dunbar

A. Brian Albritton

The Constitutional Battle Over False Claims Act Qui Tams and Founding Era History in Zafirov

Last fall, U.S. District Court Judge Kathryn Mizelle of the Middle District of Florida ruled that the False Claims Act’s (FCA) qui tam provision is unconstitutional in United States ex rel Zafirov v. Florida Medical Associates,… more

Amicus Briefs, Appointments Clause, Article II, Constitutional Challenges, False Claims Act (FCA)

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Blakely Arnold

North Carolina Ruling Confirms Insurer’s Autonomy in Settlement Negotiations

In a recent opinion issued this month, the United States District Court for the Eastern District of North Carolina confirmed that an insurer may consider its own interests, as well as those of its insured, when entering into… more

Bad Faith, Breach of Contract, Commercial General Liability Policies, Commercial Litigation, Damages

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Bart Bacigalupi

CFIUS’ Expanding Role in Gulf South Real Estate Transactions

The Gulf Coast is experiencing a surge in renewable energy projects, industrial projects and data center projects throughout our region. When targeting potential project sites, developers and investors should identify early on… more

CFIUS, Executive Orders, FIRRMA, Foreign Investment, National Security

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Christopher Berg

Florida Increases Flood Disclosure Requirements for Property Sales

The Florida Legislature passed Senate Bill 948, which expands Florida’s disclosure requirements relating to flooding. This law introduces significant changes to the flooding disclosure requirements that sellers of residential… more

Disclosure Requirements, Flood Insurance, Flooding, Florida, Landlords

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Lara Bishop Walker

Medicare’s New AI Payment Review Model: What Providers Need to Know

CMS announced the rollout of the WISeR (Wasteful and Inappropriate Service Reduction) model in June. It aims to use technologies like artificial intelligence (AI) to “ensure timely and appropriate Medicare payment for select… more

Algorithms, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Health Insurance

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Steven Blank

Courts Rule That NFL Arbitration Clause Lacks Enforceability

Arbitration is an alternative dispute resolution method where parties can pursue their claims in a forum other than court. It is often favored for its confidentiality, efficiency and ability to provide a specialized forum for… more

Arbitration, Arbitration Agreements, Contract Disputes, Contract Drafting, Dispute Resolution

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Joshua Cargile

TX Supreme Court Emphasizes Negligence Does Not Always Result in “Negligent”

In a recent opinion issued on June 27, the Supreme Court of Texas emphasized that the presence of negligence does not always lead to liability, and Texas law requires more from those seeking such a finding… more

Admissions of Liability, But For Causation, Car Accident, Causation, Damages

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Michael Carrer

Texas Struggles to Rein in 'Nuclear Verdicts' as Senate Bill 30 Fails

Texas juries are known for awarding “nuclear verdicts” and these awards are growing. Personal injuries —even relatively minor in nature—can result in jury awards creating generational wealth, whereas in the past reasonable… more

Appellate Courts, Bodily Injury, Damages, Disclosure Requirements, Evidence

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Harrison Cass

Texas Struggles to Rein in 'Nuclear Verdicts' as Senate Bill 30 Fails

Texas juries are known for awarding “nuclear verdicts” and these awards are growing. Personal injuries —even relatively minor in nature—can result in jury awards creating generational wealth, whereas in the past reasonable… more

Appellate Courts, Bodily Injury, Damages, Disclosure Requirements, Evidence

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Christopher Couch

Is the GENIUS Act Smart for Community Banks?

The GENIUS Act, passed in July, is the first comprehensive federal framework for payment stablecoins in the United States. On the surface, it promises clarity and an opportunity for community banks to participate in the digital… more

Banking Sector, Blockchain, Community Banks, Digital Assets, Financial Institutions

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Caroline Crosby

Louisiana Changes its "Proof of Loss" Law

The Louisiana Legislature recently passed HB 437 which enacts La. § R.S. 22:1892.3 (effective August 1), in an attempt to clarify parties’ respective obligations as it relates to Proof of Loss statements and corresponding… more

Bad Faith, Insurance Claims, Insurance Industry, Insurance Litigation, Insurance Regulations

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Brandon Davis

Stay Ahead: Managing Immigration Risks and Workforce Compliance in Construction

The construction industry faces new challenges in the realm of labor, employment, and immigration law. Since January 20, when President Donald J. Trump took office, significant policy changes have emerged. These shifts affect… more

Construction Industry, Construction Site, E-Verify, Enforcement Actions, Form I-9

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Charles Davis III

Florida Legislature Tightens Land Use Regulations with Senate Bill 1080

Senate Bill 1080 (SB 1080) makes several pro-property rights changes to Florida Statutes that affect local governments’ ability to regulate land use. The bill amends the application and approval process for development permits… more

Deadlines, Florida, Impact Fees, Land Developers, New Legislation

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Bret Feldman

New Florida Law May Spur Changes in Builder Insurance and Liability

Starting July 1, Florida law will require builders of newly constructed homes to provide a mandatory 1-year warranty against material construction defects. The new statute, Section 553.837, Florida Statutes, establishes minimum… more

Builders Risk Insurance, Commercial General Liability Policies, Construction Defects, Construction Industry, Contractors

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Gabi Garcia

New Florida Law May Spur Changes in Builder Insurance and Liability

Starting July 1, Florida law will require builders of newly constructed homes to provide a mandatory 1-year warranty against material construction defects. The new statute, Section 553.837, Florida Statutes, establishes minimum… more

Builders Risk Insurance, Commercial General Liability Policies, Construction Defects, Construction Industry, Contractors

See all updates »

Pablo Gonzalez

Louisiana Changes its "Proof of Loss" Law

The Louisiana Legislature recently passed HB 437 which enacts La. § R.S. 22:1892.3 (effective August 1), in an attempt to clarify parties’ respective obligations as it relates to Proof of Loss statements and corresponding… more

Bad Faith, Insurance Claims, Insurance Industry, Insurance Litigation, Insurance Regulations

See all updates »

Karleen Green

Banks and DEI Efforts: Managing New Challenges

Banks and financial institutions are among several sectors facing uncertainty on how to ensure their employment practices, including diversity, equity and inclusion (DEI) initiatives, comply with federal and state laws… more

Affirmative Action, Banks, Deregulation, Diversity and Inclusion Standards (D&I), Employment Discrimination

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Walt Green

How Can Companies Guard Against Rising Nation-State Cyber Threats?

The messages from government agencies and cybersecurity leaders at the end of June were clear – nation-state-sponsored cybersecurity threats are on the rise. Pro-Iranian “hacktivists” are targeting U.S. infrastructure and… more

Critical Infrastructure Sectors, Cyber Attacks, Cyber Threats, Cybersecurity, Data Breach

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J. Tillman Grogan IV

Texas Court Could Limit Risk by Defining Exposure Trigger for Long-Tail Claims

The Northern District of Texas recently issued a pivotal decision for long-tail injury cases. It clarified that under Texas law, excess liability coverage for long-tail injury claims can center on an exposure trigger theory… more

Asbestos Litigation, Berkshire Hathaway, Commercial General Liability Policies, Denial of Insurance Coverage, Excess Policies

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Nicholas Heintzman

Abuse or Molestation Exclusion Bars Coverage for Sexual Assault of Insured’s Employee While Employment Exclusions Do Not

The U.S. District Court for the Southern District of Georgia recently ruled that an insurer must provide coverage to its insured with respect to a civil lawsuit involving allegations of sexual assault. The case, BOJ OF WNC, LLC… more

Bodily Injury, Employer Responsibilities, Employment Discrimination, Employment Litigation, Insurance Litigation

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Nicole Hilburn

Texas Supreme Court Victory for UM/UIM Insurers Faces Possible Reversal

In April, the Texas Supreme Court set a favorable precedent for Uninsured and Underinsured (UM/UIM) insurers when it held that an insured seeking to recover UM/UIM benefits must secure a judgment to establish the UM/UIM… more

Appellate Courts, Bad Faith, Bifurcation, Breach of Contract, Declaratory Judgments

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Patrick Judd

Post-House Settlement, Are Federal NIL Laws on the Horizon?

The House v. NCAA class action settlement was approved on June 6. While the House settlement changes the college sports landscape, it has also left institutions, coaches and athletes with questions. Since 2021, there has been a… more

Antitrust Provisions, Collective Bargaining, College Athletes, Name and Likeness, NCAA

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Katherine Karam

New Florida Law May Spur Changes in Builder Insurance and Liability

Starting July 1, Florida law will require builders of newly constructed homes to provide a mandatory 1-year warranty against material construction defects. The new statute, Section 553.837, Florida Statutes, establishes minimum… more

Builders Risk Insurance, Commercial General Liability Policies, Construction Defects, Construction Industry, Contractors

See all updates »

Daniel Lund III

What’s in a Contract?

The U.S. Eighth Circuit Court of Appeals recently reversed a Minnesota federal district court and vacated an arbitration award based upon the arbitrators “exceeding” their “authority.” Although this is a business arbitration,… more

Appeals, Arbitration, Arbitration Awards, Arbitrators, Construction Industry

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Christy Maple

Abuse or Molestation Exclusion Bars Coverage for Sexual Assault of Insured’s Employee While Employment Exclusions Do Not

The U.S. District Court for the Southern District of Georgia recently ruled that an insurer must provide coverage to its insured with respect to a civil lawsuit involving allegations of sexual assault. The case, BOJ OF WNC, LLC… more

Bodily Injury, Employer Responsibilities, Employment Discrimination, Employment Litigation, Insurance Litigation

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Jonathan Maples

What Does “No Tax on Tips” Mean for Employers?

President Trump signed into law H.R. 1, better known as the One Big Beautiful Bill Act, on July 4. The legislation includes provisions that expand tax deductions on tips and overtime pay, including a broader employer tip credit… more

Federal Taxes, Payroll Taxes, Tax Deductions, Tax Planning, Tipped Employees

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Andrew Meaders

CFIUS’ Expanding Role in Gulf South Real Estate Transactions

The Gulf Coast is experiencing a surge in renewable energy projects, industrial projects and data center projects throughout our region. When targeting potential project sites, developers and investors should identify early on… more

CFIUS, Executive Orders, FIRRMA, Foreign Investment, National Security

See all updates »

Kyle Mosey

Florida Increases Flood Disclosure Requirements for Property Sales

The Florida Legislature passed Senate Bill 948, which expands Florida’s disclosure requirements relating to flooding. This law introduces significant changes to the flooding disclosure requirements that sellers of residential… more

Disclosure Requirements, Flood Insurance, Flooding, Florida, Landlords

See all updates »

Sara Nau

Texas Court Could Limit Risk by Defining Exposure Trigger for Long-Tail Claims

The Northern District of Texas recently issued a pivotal decision for long-tail injury cases. It clarified that under Texas law, excess liability coverage for long-tail injury claims can center on an exposure trigger theory… more

Asbestos Litigation, Berkshire Hathaway, Commercial General Liability Policies, Denial of Insurance Coverage, Excess Policies

See all updates »

Kevin O'Brien

North Carolina Ruling Confirms Insurer’s Autonomy in Settlement Negotiations

In a recent opinion issued this month, the United States District Court for the Eastern District of North Carolina confirmed that an insurer may consider its own interests, as well as those of its insured, when entering into… more

Bad Faith, Breach of Contract, Commercial General Liability Policies, Commercial Litigation, Damages

See all updates »

Michael Orlando Jr.

TX Supreme Court Emphasizes Negligence Does Not Always Result in “Negligent”

In a recent opinion issued on June 27, the Supreme Court of Texas emphasized that the presence of negligence does not always lead to liability, and Texas law requires more from those seeking such a finding… more

Admissions of Liability, But For Causation, Car Accident, Causation, Damages

See all updates »

Rhett Parker

Courts Rule That NFL Arbitration Clause Lacks Enforceability

Arbitration is an alternative dispute resolution method where parties can pursue their claims in a forum other than court. It is often favored for its confidentiality, efficiency and ability to provide a specialized forum for… more

Arbitration, Arbitration Agreements, Contract Disputes, Contract Drafting, Dispute Resolution

See all updates »

Caroline Perlis

Sixth Circuit Redefines Employer Liability for Client-Based Harassment

In an explicit departure from EEOC guidance and other federal court caselaw, the United States Court of Appeals for the Sixth Circuit recently held that an employer can only be liable for a client/customer’s harassment of its… more

Appeals, Employer Liability Issues, Employment Discrimination, Employment Litigation, Non-Employees

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Stephanie Poucher

Unleashing Compliance: Navigating Emotional Support Animals and ADA Challenges in the Modern Workplace

A Maryland car dealership has agreed to pay $30,000 to settle a federal disability discrimination lawsuit centered on an employee’s use of an emotional support animal. The U.S. Equal Employment Opportunity Commission (EEOC)… more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Disability Discrimination, Emotional Support Animals, Employees

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Raquel Ramirez Jefferson

The Constitutional Battle Over False Claims Act Qui Tams and Founding Era History in Zafirov

Last fall, U.S. District Court Judge Kathryn Mizelle of the Middle District of Florida ruled that the False Claims Act’s (FCA) qui tam provision is unconstitutional in United States ex rel Zafirov v. Florida Medical Associates,… more

Amicus Briefs, Appointments Clause, Article II, Constitutional Challenges, False Claims Act (FCA)

See all updates »

Maritza Sanchez

Fifth Circuit Validates Remote Voting and Reinstates Enforcement of Pregnant Workers Fairness Act

The U.S. Court of Appeals for the Fifth Circuit on August 15 issued a significant ruling that reinstates the enforcement of the Pregnant Workers Fairness Act (PWFA) against the State of Texas effective immediately. This decision… more

Appellate Courts, Constitutional Challenges, Enforcement, Equal Employment Opportunity Commission (EEOC), New Legislation

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Sarah Smith-Clevenger

Unleashing Compliance: Navigating Emotional Support Animals and ADA Challenges in the Modern Workplace

A Maryland car dealership has agreed to pay $30,000 to settle a federal disability discrimination lawsuit centered on an employee’s use of an emotional support animal. The U.S. Equal Employment Opportunity Commission (EEOC)… more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Disability Discrimination, Emotional Support Animals, Employees

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Breanne Stanley Zarzour

How Can Companies Guard Against Rising Nation-State Cyber Threats?

The messages from government agencies and cybersecurity leaders at the end of June were clear – nation-state-sponsored cybersecurity threats are on the rise. Pro-Iranian “hacktivists” are targeting U.S. infrastructure and… more

Critical Infrastructure Sectors, Cyber Attacks, Cyber Threats, Cybersecurity, Data Breach

See all updates »

Ryan Telep

Louisiana Changes its "Proof of Loss" Law

The Louisiana Legislature recently passed HB 437 which enacts La. § R.S. 22:1892.3 (effective August 1), in an attempt to clarify parties’ respective obligations as it relates to Proof of Loss statements and corresponding… more

Bad Faith, Insurance Claims, Insurance Industry, Insurance Litigation, Insurance Regulations

See all updates »

Michael Turner

Alabama Enacts Law that Establishes Portable Benefits for Independent Contractors

In April, the Alabama Legislature passed the Portable Benefits Act, to be codified at Ala. Code § 25-1-70. This Act is intended to help independent contractors, including gig workers, who do not have employer-sponsored health… more

Compensation & Benefits, Employer Contributions, Employer Responsibilities, Freelance Workers, Health Insurance

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Fallon Voltolina

Fifth Circuit Finds NLRB’s Multilayer Removal Protections for Board Members and Administrative Law Judges Are Likely Unconstitutional

On August 19, the U.S. Court of Appeals for the Fifth Circuit affirmed federal district court preliminary injunctions halting Unfair Labor Practice (ULP) proceedings before the National Labor Relations Board (NLRB)… more

Administrative Law Judge (ALJ), Appeals, Constitutional Challenges, Hiring & Firing, Jurisdiction

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Abigail White

Alabama Enacts Law that Establishes Portable Benefits for Independent Contractors

In April, the Alabama Legislature passed the Portable Benefits Act, to be codified at Ala. Code § 25-1-70. This Act is intended to help independent contractors, including gig workers, who do not have employer-sponsored health… more

Compensation & Benefits, Employer Contributions, Employer Responsibilities, Freelance Workers, Health Insurance

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Phelps Dunbar

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