Bradley Arant Boult Cummings LLP

Non-compete clauses in employment agreements have been the source of much controversy over the years. Employers want them to protect their human capital and to prevent competitors from stealing their valued employees. Employees dislike them because they prevent mobility of employment. There are good arguments on both sides. Recently, there have been developments that seem to erode the enforceability of non-competes. This includes a new proposal from the Federal Trade Commission on banning them altogether...

Operating expenses (“OpEx”) and common area maintenance fees (“CAM”) are two important items in any commercial lease, but they are often overlooked after the decision is made on how to split up these fees. Typically, operating expenses are calculated and allocated based on a gross, modified gross, or triple net basis, with the tenant being responsible for a percentage of CAM based on the percentage of the total property they occupy. The landlord will typically have standard lease language for each type of OpEx structure (i.e., gross, modified gross, or triple net) and for CAM breakdowns...

Bradley attorney Bruce Ely talked with Law360 on a Multistate Tax Commission (MTC) work group’s issue of how to source state income from partnerships and its consideration of a general rule where sourcing would be decided based on the activities of the partnership. Helen Hecht, MTC’s counsel and a staff advisor to the work group, reported that the group was focused on a “default rule,” similar to that found in federal sourcing principles. Under the rule, income would be sourced to the state where the partnership has activities, and so an individual partner's share of that income would also be sourced to that state...

Bradley attorney Elisha Kobre talked with Law360 about the Supreme Court’s debate over the False Claims Act punishment for regulatory violations and its impact on fraud enforcement. In two of these cases, whistleblowers have asked the justices “whether and when a defendant’s contemporaneous subjective understanding or beliefs about the lawfulness of its conduct are relevant to whether it ‘knowingly’ violated the FCA...

Significant issues can arise during the three phases of the design and construction process. Effective planning, performance and completion are critical to the success of any construction project. So is informed counsel that addresses a variety of business issues, including mergers and...

The Declassified blog offers commentary and insights on the latest class action suits, significant class action opinions, relevant changes to laws and rules, and important class action trends. Declassified covers topics ranging from significant Supreme Court and appellate court decisions regarding...

Bradley's Financial Services Litigation and Compliance Team offers the full spectrum of legal services to banks, bank holding companies, mortgage servicers, home mortgage lenders, and other consumer finance companies.

Bradley's It Pays to Be Covered Blog discusses insurance law developments and industry trends in property and casualty insurance, including the growing cyber insurance market, coverage for drones, and blockchain exposures. We also address practical risk management strategies of interest to risk...

Our Labor and Employment team has extensive experience helping our clients resolve disputes both in and out of the courtroom. We are proud to work with a large and diverse group of local, regional, and national clients in a variety of industries, including healthcare, manufacturing, mining, media,...

A Resource for Privacy Developments and Cybersecurity Risks in an Era of Evolving Technology

Patent law, like most things in life, is subject to change. Changes to patent laws not only impact investment in your existing IP, but directly shape strategies to protect your freedom to operate. The Patent 213 blog provides up-to-date, insightful analysis of the evolution in the written...

Bradley’s The Law of Order blog serves as a general parliamentary procedure resource, providing information about creation and revision of governing documents (constitutions, bylaws, or rules), application of Robert’s Rules of Order and other procedural authorities in a variety of contexts (such as...

Underwritten covers topics related to life, health, disability and long-term care insurance. Our team of experienced attorneys and authors offers insight on the issues insurers face as they seek to serve their policyholders and to mitigate risk. The blog covers significant court decisions,...