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Arbitration Expectations: Understanding the Process of Resolving a Dispute
Bradley Arant Boult Cummings LLP, June 2020

Arbitration is one of the preferred mechanisms of dispute resolution in the construction industry. Understanding how an arbitration will unfold is useful in managing a dispute. Most domestic construction disputes are referred to arbitration through, and according to the rules, of the American Arbitration Association (AAA), but other organizations that follow different rules and processes do exist. For AAA arbitrations, the following steps provide a rough outline of a typical proceeding...

Fed. Circ. Inserso Ruling Brings Bid Protest Considerations
Bradley Arant Boult Cummings LLP, June 2020

In a split decision with far-reaching implications for both government contractors and the private bar, the U.S. Court of Appeals for the Federal Circuit, in Inserso Corporation v. U.S., recently addressed timeliness and waiver issues in the bid protest context. The facts of this significant case, the majority and dissenting opinions, as well as key takeaways for federal contractors and their attorneys, are discussed below. The Facts The U.S...

COVID-19 Webinar Series: CFPB's Mortgage Servicing COVID-19 Interim Final Rule Webinar Recording
Bradley Arant Boult Cummings LLP, June 2020

In a significant move for mortgage servicers and mortgage loan borrowers impacted by the COVID-19 pandemic, the CFPB issued an interim final rule this week that will, among other things, enable servicers to offer a payment deferral option...

The Perils of Responding to Cyber-Incidents Just Got More Complicated
Bradley Arant Boult Cummings LLP, June 2020

It’s 8 am, and you just learned that a material cyber-incident occurred in your organization. You fire up your Incident Response Plan. You engage outside counsel, and outside counsel engages a forensic firm. Your company, your outside counsel, and your forensic firm all sign an agreement that the forensic firm will work at the direction of outside counsel...

COVID-19 Webinar Series: Small Business Bankruptcy Strategies Webinar Recording
Bradley Arant Boult Cummings LLP, June 2020

The economic turmoil stemming from the outbreak of COVID-19 has forced small business owners to take drastic measures to save their companies. Unfortunately, government subsidized loans, loan deferrals, and temporary rent relief may not be enough to save all small businesses. Bankruptcy should never be the first choice for a business in financial distress, but it may be the best choice for all interested parties...

Clio.com's Daily Matters - Episode #53 - Tiffany Graves
Bradley Arant Boult Cummings LLP, June 2020

As Pro Bono Counsel at a large southern law firm and the former Executive Director of the Mississippi Access to Justice Commission, Tiffany Graves sees how systemic inequities affect minority groups on a daily basis. “Firms have to do more,” she says, to counteract institutional racism and bring much-needed reforms to America’s legal and justice systems...

COVID-19 Webinar Series: The Changing Face of Litigation and Trials Webinar Recording
Bradley Arant Boult Cummings LLP, June 2020

As clients and counsel wrestle with the changing dynamics within litigation and trial work, Bradley has assembled trial lawyers with experience from hundreds of trials and a jury consultant of national standing to present on what is happening in courts across the country and how it is impacting the judicial system as we know it...

Post-Covid, Foreign Investment Rules Tighten
Bradley Arant Boult Cummings LLP, May 2020

The last two years have seen an expansion of regulations related to Foreign Direct Investment (FDI), both in the United States and abroad. COVID-19 is driving further expansion of FDI in the U.S. and elsewhere. Owners and investors need to know — expansion of regulations gaps closed in national security reviews new inclusion of medical supplies and food non-controlling investments also scrutinized Whether by intent or coincidence, the U.S...

Federal Financial Agencies Announce Flexibility in Mortgage Servicing Rules
Bradley Arant Boult Cummings LLP, May 2020

Recently, the Consumer Financial Protection Bureau (CFPB), Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (FDIC), the National Credit Union Administration (NCUA), the Office of the Comptroller of the Currency (OCC) and the State Banking Regulators released a joint statement announcing increased flexibility in the agencies’ regulation and enforcement of certain mortgage servicing rules governing borrower communications in response to the

Looking Ahead: Commercial Real Estate - COVID-19's Impact on the Market in 2020 and Beyond Webinar Recording
Bradley Arant Boult Cummings LLP, May 2020

Please join Bradley, Graham & Co., and the Peoples Bank of Alabama for a live webinar addressing key questions our clients are asking about navigating the impact of the coronavirus (COVID-19) on the Commercial Real Estate and Lending market in 2020 and beyond...

CPAs Beware: Some CARES Act and FFCRA Incentives Don't Play Well Together
Bradley Arant Boult Cummings LLP, May 2020

The landmark CARES Act, signed into law by the President on March 27, provides many em­ployers with several options to increase liquidity and cash flow during the time of the COVID-19 pandemic. And only 9 days be­fore that legislation was enacted, the Families First Coronavirus Re­sponse Act (FFCRA) also created two other payroll tax-related in­centives for certain employers, and to self-employed individuals...

COVID-19 Webinar Series: Looking Ahead - Commercial Real Estate: COVID-19’s Impact on the Market in 2020 and Beyond Webinar Recording
Bradley Arant Boult Cummings LLP, May 2020

Please join Bradley, Graham & Co., and the Peoples Bank of Alabama for a live webinar addressing key questions our clients are asking about navigating the impact of the coronavirus (COVID-19) on the Commercial Real Estate and Lending market in 2020 and beyond...

Show Me the Money (But Don't Take it Back!): A Primer on PPP Loans, Compliance and Enforcement Webinar Recording
Bradley Arant Boult Cummings LLP, May 2020

In early April, the United States approved the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) authorizing $349 billion in a small business lending program called the Paycheck Protection Program (“PPP”). Depleted within days by the overwhelming response from businesses across the country, Congress authorized an additional $310 billion for this program on April 23. With government money, however, comes government oversight...

Enforcement in the COVID-19 Era: The Government’s Likely Playbook
Bradley Arant Boult Cummings LLP, May 2020

With much fanfare, the Department of Justice (DOJ) has rolled out a series of headlines detailing its enforcement efforts in the wake of COVID-19. At the end of March, the government announced a kickback case against a marketer who allegedly steered patients towards COVID-19 and genetic cancer testing...

How Captives Can Help Fill Pandemic Coverage Gaps
Bradley Arant Boult Cummings LLP, May 2020

An increasing number of captives have been looking at writing business interruption coverage for their owners. They should tread carefully, as doing so without following the correct procedures could have adverse tax implications. The outbreak of COVID-19 has caught many businesses off guard and in need of cash. Some hope their business interruption insurance policies will provide coverage for a loss of income suffered from a slowdown or suspension of operations...

COVID-19 Webinar Series: Bankruptcy Servicing Best Practices in the Time of Coronavirus Webinar Recording
Bradley Arant Boult Cummings LLP, May 2020

Join our Bankruptcy and Creditors’ Rights team and special guests Karlene Archer from Karlene Archer Law and Andrea Cobery, Vice President and Assistant General Counsel at U.S. Bank, for a discussion of bankruptcy servicing best practices in the time of the coronavirus. We will offer legal insights and practical guidance related to providing notice of forbearance plans in bankruptcy courts...

Square Pegs and Round Holes Managing Law Firms as Vendors
Bradley Arant Boult Cummings LLP, May 2020

All banks rely upon their critical vendors, including law firms that handle sensitive, complicated, and high-risk matters. And yet vendor oversight of law firms has been awkward for all parties involved – fitting square pegs into round holes. We believe opportunities exist to ameliorate this awkwardness and enhance law firm oversight...

Tips For Applying COVID - 19 Stark Law Waivers
Bradley Arant Boult Cummings LLP, May 2020

Among the many extraordinary measures taken by the federal government in response to the COVID-19 pandemic is the issuance of blanket waivers of certain provisions of the federal self-referral prohibition commonly known as the Stark Law. The waivers loosen significant restrictions on physician financial relationships in an effort to provide health care providers with greater flexibility to meet the challenges of the pandemic...

Going Green? Marijuana Policy at the State and Federal Level
Bradley Arant Boult Cummings LLP, May 2020

Marijuana’s legal status has flummoxed industry observers for more than a decade. Several current proposals could provide clarity at the federal level. And Alabama appeared to be on the brink of implementing a medical marijuana regime just before the COVID-19 pandemic ground the legislative process to a halt...

Tips For Applying COVID-19 Stark Law Waivers
Bradley Arant Boult Cummings LLP, May 2020

Among the many extraordinary measures taken by the federal government in response to the COVID-19 pandemic is the issuance of blanket waivers of certain provisions of the federal self-referral prohibition commonly known as the Stark Law. The waivers loosen significant restrictions on physician financial relationships in an effort to provide health care providers with greater flexibility to meet the challenges of the pandemic...

Businesses Beware: PPP and Payroll Tax Incentives Often Don’t Play Well Together
Bradley Arant Boult Cummings LLP, May 2020

The landmark CARES Act provides many Alabama employers with several options to increase liquidity and cash flow during the time of the COVID-19 pandemic. And only nine days before that legislation was enacted, the Families First Coronavirus Response Act (FFCRA) also created two other payroll tax-related incentives for certain employers, and self-employed individuals...

COVID-19 Webinar Series: What Now? Auto Repossessions and Collections After the Quarantine Ends Webinar Recording
Bradley Arant Boult Cummings LLP, May 2020

Now that it appears the COVID-19 quarantine may be on the verge of ending, there are issues to consider before re-starting collection operations. When is too soon? Are there any special notices that could or should be sent? What about voluntary surrender of collateral during shelter in place? We will address these issues as well as lien priority and credit reporting...

Healthcare Fraud Enforcement in the Era of COVID-19
Bradley Arant Boult Cummings LLP, May 2020

In the midst of a global pandemic, much attention and praise are rightfully being showered on healthcare and pharmaceutical providers. While the world watches with awe at the sacrifices that pharmaceutical and healthcare providers are making during this difficult time, government prosecutors too are watching—albeit for a different reason...

Paper Chase: Court Approves Meticulously Disclosed Bifurcation of Chapter 7 Engagement
Bradley Arant Boult Cummings LLP, May 2020

Those with the greatest need for the financial relief afforded by a successful bankruptcy case often lack the financial resources necessary to secure adequate legal representation, particularly in the context of individual chapter 7 cases. ABI has devoted substantial resources toward addressing this dilemma...

COVID-19 Webinar Series: CARES Act Healthcare Relief Funds - Avoiding Compliance Pitfalls Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

On April 10, 2020 the Department of Health and Human Services distributed the first $30 billion in healthcare relief funds. On April 22, HHS followed by allocating another $40 billion in relief funds. These funds will provide much needed assistance to healthcare providers absorbing costs and suffering losses due to the COVID-19 pandemic...

 

 

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