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Firm: Bradley Arant Boult Cummi

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Hitting Employers with Their Best Shot: Complying with OSHA’s COVID-19 Vaccination and Testing Emergency Rule Webinar Recording
Bradley Arant Boult Cummings LLP, November 2021

OSHA has released its long-awaited emergency rule requiring the COVID-19 vaccine or weekly testing for many employers. With compliance deadlines coming up, Bradley is here to help employers navigate this new rule to stay in compliance. While we monitor the outcome of judicial review of OSHA’s ETS, we suggest taking the following steps to prepare your workplace for compliance with the new vaccine or test mandate: Develop a policy. Educate employees...

The SEC and Disgorgement After Liu
Bradley Arant Boult Cummings LLP, November 2021

A recent Fifth Circuit ruling suggests a softening of the SEC’s obligation to return disgorgement awards directly to victims, says Elisha Kobre, a partner at Bradley Arant Boult Cummings LLP. The issue is relevant because the Dodd-Frank Act created a specific fund to hold monetary sanctions collected by the SEC, including disgorgement amounts not directly distributed to victims or used in other specified ways, he explains. The U.S...

Guest Column: CFIUS Expansion into Agricultural Supply Chain and Genomics Tools
Bradley Arant Boult Cummings LLP, November 2021

Historically, businesses involved in the U.S. defense industrial base have been protected from foreign direct investment by the Committee on Foreign Investment in the U.S. (CFIUS) — but changes to U.S. laws and regulations on foreign direct investment have expanded the types of businesses that are now protected...

A Tale of Two Crises: What 2008 Foreclosures Can Teach Us About Attorney General Enforcement Following COVID-19
Bradley Arant Boult Cummings LLP, October 2021

[!<CDATA[ Moratoriums on foreclosures due to COVID-19 ended this summer, prompting concerns of a shock similar to the 2008 housing crisis. While there are numerous differences between today and the previous recession, financial service providers can stay a step ahead by arming themselves with a few lessons learned...

US Regional Employment 2021: Alabama
Bradley Arant Boult Cummings LLP, October 2021

[!<CDATA[ Law and Practice The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal commentary on the impact of COVID-19 on the workplace, the "Black Lives Matter" and "Me Too" movements, unions, the National Labor Relations Board, the interviewing process, restrictive covenants, discrimination and harassment, and whistle-blower claims...

Five Law Firm Interviewing Tips for 3Ls (or Any Lawyer)
Bradley Arant Boult Cummings LLP, October 2021

[!<CDATA[ I have worked at two law firms and participated in dozens of interviews at both with associate candidates. Whether you are interviewing in person or remotely, there are questions for which you should always be prepared. In addition, there is information you should be ready to provide even if you are not asked for it directly. The following are the five things that I believe every law student should know before interviewing with a law firm. 1...

WOSB/EDWOSB amendments to the FAR are here
Bradley Arant Boult Cummings LLP, October 2021

[!<CDATA[ Bradley Arant Boult Cummings LLP attorneys Aron C. Beezley and Sarah Osborne examine proposed changes to the Federal Acquisition Regulation and highlight how they affect women-owned small businesses seeking a government contract...

Qui Tam Order Shows Concern Over FCA Plaintiffs' Leverage
Bradley Arant Boult Cummings LLP, October 2021

[!<CDATA[ Liability under the False Claims Act can result in potentially enormous payouts to individuals — and sometimes to companies — who alert the government to allegations of health care fraud. The payouts to the whistleblower or relator, which can be as much as 30% of the proceeds of the action or settlement, do not always attract those with valid claims...

Attorney Spotlight: Alé Dalton
Bradley Arant Boult Cummings LLP, October 2021

In which office are you located? Nashville Tell us a little about your practice. I work with clients that operate in the healthcare space or that are healthcare adjacent. My work primarily centers on providing guidance during mergers and acquisitions, as well as guiding clients through issues that arise from the complex nature of operating in a highly regulated industry. I also advise clients in matters involving clinical research and telemedicine...

Attorney Spotlight: Gabriel Rincón
Bradley Arant Boult Cummings LLP, October 2021

[!<CDATA[ In which office are you located?  Houston, Texas Tell us a little about your practice. As an associate in the construction litigation practice group, I primarily handle commercial and residential construction disputes. The issues in my cases generally involve construction defects, contracts, lien foreclosures, negligence, breach of fiduciary duty, fraud, insurance defense, and DTPA matters...

Attorney Spotlight: Gabriella Alonso
Bradley Arant Boult Cummings LLP, October 2021

[!<CDATA[ In which office are you located? Houston Tell us a little about your practice. I primarily handle banking and financial services litigation matters here at the firm, although I jump on regulatory compliance matters when the opportunity presents itself. Our practice group focuses on state and federal laws and regulations governing financial institutions like lenders, servicers, credit furnishers, and the like...

CARES Act Provider Relief Fund Reporting Requirements and Government Scrutiny
Bradley Arant Boult Cummings LLP, October 2021

[!<CDATA[ The federal government established many new funds in 2020 to assist health care providers with the financial burden of COVID-19. One such fund, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Provider Relief Fund (PRF), is a $178 billion federal appropriation to health care providers impacted by COVID-19. Since its inception, the CARES Provider Relief Fund has consistently changed and its guidance evolved...

Navigating Website Accessibility under Title III of the Americans with Disabilities Act
Bradley Arant Boult Cummings LLP, September 2021

[!<CDATA[ The trend toward conducting business online has gained even stronger momentum as the economy continues to adapt to the challenges of the COVID-19 pandemic. But an increased digital presence carries the potential for increased legal risk...

TransUnion v. Ramirez: The Supreme Court Shifts the Class Action Battlefield Toward State Courts
Bradley Arant Boult Cummings LLP, September 2021

[!<CDATA[ Article III standing is one of the most significant rubrics to determine a federal lawsuit’s justiciability. The Supreme Court significantly altered the standing calculus in TransUnion v. Ramirez, 141 S. Ct. 2190 (2021), particularly in putative class actions that allege bare statutory violations unaccompanied by actual harm...

Guest Column: For Alabama Companies Doing Business in Afghanistan, Some Legal Thoughts
Bradley Arant Boult Cummings LLP, September 2021

[!<CDATA[ The unprecedented speed of the collapse of the former Afghan central government is a humanitarian tragedy. The magnitude of which is rightfully distracting from the immediate near-term and long-term legal issues that those who supported the coalition efforts in Afghanistan are compelled to address as the immediate human concerns fade from the spotlight. In particular, U.S...

Dodd-Frank 1071 – Initial Reactions to the CFPB’s NPRM Webinar
Bradley Arant Boult Cummings LLP, September 2021

[!<CDATA[ On September 7, the CFPB issued a Notice of Proposed Rulemaking regarding Dodd Frank Section 1071. This provision of the Dodd-Frank Act will require that financial services providers making loans to small businesses, women-owned businesses, and minority-owned businesses collect and report HMDA-like data points to the CFPB. The Bureau, in turn, will make some of this data publicly available...

Data Analytics Gives SEC Enforcement Edge On Earnings
Bradley Arant Boult Cummings LLP, September 2021

In a sign that the U.S. Securities and Exchange Commission continues to ramp up its enforcement efforts, the SEC last week in In re: Healthcare Services Group Inc. charged a health care services company and its chief financial officer and controller as part of the Division of Enforcement's Earnings Per Share, or EPS, Initiative. A Sept...

Assumptions Will Make a Fool out of You and the Reasonableness of your Delay-Related Costs Claim
Bradley Arant Boult Cummings LLP, September 2021

[!<CDATA[ In one of its recent opinions, Kellogg Brown & Root Services, Inc. v. Sec’y of the Army, the Federal Circuit issued new guidance on what contractors must show to prove the reasonableness of costs incurred following an (alleged) government-caused delay. The U.S. Army (the “Army”) and Kellogg Brown & Root Services, Inc. (“KBR”) contracted for KBR to deliver thousands of trailers to Iraq by an agreed-upon deadline...

Let’s Break Up: The Minnesota Supreme Court’s Decision that Each Building in a Multi-Building Complex is a Separate Improvement
Bradley Arant Boult Cummings LLP, September 2021

[!<CDATA[ Multi-building condominium projects often raise unique legal issues as they do not squarely fall within the definitions used in state statutes. The Minnesota Supreme Court recently addressed the unique nature of multi-building condominium projects in Village Lofts at St. Anthony Falls Association v. Housing Partners III-Lofts...

Supreme Court to Resolve Circuit Split Over Whether District Courts Can Order Discovery in Aid of Private International Arbitration
Bradley Arant Boult Cummings LLP, September 2021

[!<CDATA[ This term the Supreme Court is set to resolve a circuit split over the extent of a federal district court’s power to order a person “who resides in or is found” in its district “to give testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal” pursuant to 28 U.S.C Section 1782(a)...

Wyoming Supreme Court Allows Insured to Seek Bad Faith Damages
Bradley Arant Boult Cummings LLP, September 2021

[!<CDATA[ In May of this year, the Supreme Court of Wyoming held that a subsidiary of Sinclair Oil could invoke statutory bad faith damages after prevailing in a coverage dispute with its insurer, Infrassure. The court rejected the district court’s analysis that accepted the insurer’s narrow interpretation of Wyoming’s insurance code...

How to Put Yourself in Your Clients' Shoes
Bradley Arant Boult Cummings LLP, September 2021

[!<CDATA[ In our last episode, we explored how to adopt a client-centered mindset at your firm. In this episode, we’ll build on that discussion to understand how to truly put yourself in your clients’ shoes. By doing so, you’ll be able to provide better service, and to align your firm’s interests with those of your clients...

Afghanistan Withdrawal: The Government Contractor’s Guide to Terminations for Convenience
Bradley Arant Boult Cummings LLP, September 2021

[!<CDATA[ With the United States’ recent withdrawal from Afghanistan, it is only a matter of time before the government begins terminating certain federal contracts for the convenience of the government. Accordingly, government contractors need to know their rights and obligations so that they can be best positioned if one or more of their contracts are terminated. This article provides a user-friendly guide for government contractors on these important rights and obligations...

Texas Update: HB 1578 – Attorney’s Fees
Bradley Arant Boult Cummings LLP, September 2021

[!<CDATA[ Effective September 1, 2021: HB 1578 closes the loophole of the previous version of Chapter 38 of the Texas Civil Practice & Remedies Code so that parties will be able to recover attorneys’ fees from LLCs, LLPs, LPs, or other organizations in lawsuits for breach of contract. Generally, Texas law provides that each party to a lawsuit is responsible for her attorneys’ fees...

Commission Amends Financial Disclosure Requirements for Business Acquisitions and Dispositions
Bradley Arant Boult Cummings LLP, August 2021

On May 21, 2020, the Commission adopted amendments to the financial statement disclosure requirements for business acquisitions and dispositions by Commission registrants that also apply to companies undertaking an initial public offering. The amendments resulted from the Commission staff’s ongoing evaluation of Regulation S-X and Regulation S-K as part of its Disclosure Effectiveness Initiative and were proposed by the Commission in May 2019...

 

 

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