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Firm: Bradley Arant Boult Cummi

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'Middle Instances' of the Clean Water Act Indirect Discharges Need NPDES Permits Too... Sometimes
Bradley Arant Boult Cummings LLP, September 2020

For the past decade or so, the regulated community and federal courts alike grappled with the outer reaches of the Clean Water Act (CWA) point source permitting program. The core of the program—the National Pollutant Discharge Elimination System (NPDES)—is clear enough. Under the NPDES program, discharges from point sources to navigable waters (what qualifies as “navigable waters,” i.e...

COVID-19 Payroll Tax Notice from the IRS Offers Sparse Guidance
Bradley Arant Boult Cummings LLP, August 2020

Following the August 8, 2020 Presidential Memorandum directing the Treasury Secretary to defer the withholding, deposit, and payment of certain payroll taxes, the Internal Revenue Service released Notice 2020-65 late Friday, August 28. The brief notice gives necessary but sparse guidance on implementing the Presidential Memorandum. We expect (and hope for) further guidance soon...

DOJ Aims Scrutiny at Lab Testing Space During COVID-19
Bradley Arant Boult Cummings LLP, August 2020

The Department of Justice is stepping up its scrutiny of health-care fraud, especially in testing laboratories, during the Covid-19 pandemic. Former federal prosecutor Jason Mehta, a partner with Bradley, says now is not the time to tout profits over patient care and offers insights on compliance. In the midst of a global pandemic, much attention and praise is rightfully being showered on health-care providers...

COVID-19 in the Workspace: Is Enough Enuf?
Bradley Arant Boult Cummings LLP, August 2020

You’ve been to the webinars about COVID-19. You’ve read the trade publication tips. You’ve implemented measures to protect your workers. You’re ahead of the game, right? Well, you’re certainly ahead of the sheriff who reportedly instructed his employees not to wear masks in the office. If a visitor enters Sheriff Billy Wood’s office with a mask, she or he will be instructed to remove it...

Skilled Nursing Facilities Face Enforcement Challenges in COVID-19 Environment
Bradley Arant Boult Cummings LLP, August 2020

Skilled nursing facilities have faced unprecedented challenges since the outbreak of the coronavirus pandemic. Individuals with many high-risk characteristics are the typical patients of these facilities. Add to this, necessarily close proximity of these patients, scarcity of personal protective equipment and shortage of testing common across the healthcare industry, and you have a perfect storm of increased risk with limited options for mitigation...

Fed. Circ. Inconsistent On Bid Protest Waiver Precedent
Bradley Arant Boult Cummings LLP, August 2020

Earlier this summer, the U.S. Court of Appeals for the Federal Circuit issued a split decision in Inserso Corporation v. U.S. that we argued had far-reaching implications for both government contractors and the private bar, relating to timeliness and waiver issues in the bid protest context. The Federal Circuit recently issued another decision, The Boeing Company v. U.S...

That Un-Masked Man: Can a Business Ask a Customer Who Refuses to Wear a Mask Because of a Disability to Leave?
Bradley Arant Boult Cummings LLP, August 2020

In the COVID-19 era, many employers and businesses are wrestling with unprecedented issues...

IRS Confirms Use of COVID-19 Leave-Sharing Plans
Bradley Arant Boult Cummings LLP, August 2020

The Internal Revenue Service (IRS) has recently published frequently asked questions addressing leave-sharing plans related to the COVID-19 pandemic. Following IRS Notice 2006-59, the IRS has confirmed that employers may set up leave-sharing plans to permit their employees to deposit leave in an employer-sponsored leave bank for use by other employees who have been adversely affected by the COVID-19 pandemic...

Does the Cloud of Vaping-Related Injuries Portend a Storm of Litigation?
Bradley Arant Boult Cummings LLP, August 2020

Electronic cigarettes and vaping have been heralded by many as a safer alternative to smoking traditional cigarettes. An outbreak of illnesses last fall allegedly related to vaping, however, ignited public hysteria and will almost certainly lead to substantial mass tort litigation aimed at manufacturers of e-cigarette devices and vaping liquids...

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, August 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”). For franchising, this relief package seemed like a no-lose program...

The Pros and Cons of the Small Business Reorganization Act of 2019
Bradley Arant Boult Cummings LLP, August 2020

Effective February 19, 2020, Congress enacted new bankruptcy legislation granting debtors the option to elect a new subchapter V of chapter 11 of the bankruptcy code (Subchapter V). This was made possible by the bipartisan legislation known as the Small Business Reorganization Act of 2019 (SBRA). 1 Small Business Reorganization Act (SBRA) of 2019, Pub. L. No. 11654, 133 Stat. 1079. Unless otherwise stated, all statutory references are to the Bankruptcy Code, 11 U.S.C...

Generating Captive Revenue through Tenant Liability Programmes
Bradley Arant Boult Cummings LLP, August 2020

The real estate sector is facing numerous economic challenges. The property and casualty markets are hardening, while tenants are looking for rent concessions. Meanwhile, moves by some businesses to allow more working from home could significantly reduce demand for office space. When insurance expenses are increasing, a captive may be used to stabilise premium costs by increasing deductibles and insuring the deductibles in the captive...

Persistence Pays Off in Sale of Idaho Pass-Through Entity
Bradley Arant Boult Cummings LLP, July 2020

Retired Navy SEALs apparently have a persistence that other taxpayers may not have. Case in point (literally)—Noell Industries, Inc. v. Idaho State Tax Commission, decided on May 22, 2020, by the Idaho Supreme Court...

Beyond California: Lesser Known State Privacy Laws with Big Consequences Webinar Recording
Bradley Arant Boult Cummings LLP, July 2020

With federal privacy legislation stalled and indefinitely delayed, states have moved forward to push an impressive number of privacy laws forward over the last several years. Some of these laws are still relatively obscure, but are being increasingly enforced by state regulators and through litigation...

Alert to Product Liability Defense Counsel: United States Supreme Court Set to Again Address Specific Personal Jurisdiction
Bradley Arant Boult Cummings LLP, July 2020

Companies subject to product liability lawsuits – and their counsel – know the importance of promptly examining whether the company is subject to general personal jurisdiction or specific personal jurisdiction of the forum court. A court with general personal jurisdiction over a defendant can hear any and all claims against that defendant. After the United States Supreme Court’s decisions in Daimler AG v. Bauman, 134 S. Ct 746 (2014) and BSNF Railway Co. v...

Planning Layoffs? Don’t Overlook These 2 Key Laws
Bradley Arant Boult Cummings LLP, July 2020

In this unprecedented COVID-19 world, employers may need to consider layoffs, furloughs, or even closures to get through to the other side (whenever that comes). If you have done all you can to weather the government-mandated shutdowns and now have to consider letting people go, you are not alone...

Ten Legal Considerations When Starting a Hemp Business
Bradley Arant Boult Cummings LLP, July 2020

So, you want to start a hemp company. You have your big idea and a business plan ready. At some point, though, you begin to wonder whether you should be thinking about any legal issues as you get your company off the ground. That’s where we come in. Bradley’s Cannabis Industry team has a deep understanding of the many unique legal and business issues that impact hemp companies...

An In Depth Analysis of CFPB’s Small Dollar Final Rule and Its Impact on Bank and Non-Bank Lenders Webinar Recording
Bradley Arant Boult Cummings LLP, July 2020

On July 7, 2020, the Consumer Financial Protection Bureau (CFPB) issued its final rule, the 2017 Payday, Vehicle Title, and Certain High-Cost Installment Loans Rule (Small Dollar Rule), which rescinded the ability to repay and underwriting provisions. The final rule does not, however, rescind or alter the payment provisions in the Small Dollar Rule, and the CFPB indicated that it would be moving forward with those provisions...

Independent Contractor v. Employee and Joint Employer Status: How to Differentiate and Avoid Legal Traps
Bradley Arant Boult Cummings LLP, July 2020

Please join us for a virtual webinar addressing worker classification issues, including independent contractor v. employee, and how to manage temporary or seasonal workers and avoid common legal traps. Misclassification of workers is a costly mistake and can lead to exposure for unpaid taxes, unpaid overtime, penalties and punitive damages. We will discuss how to properly work with and manage independent contractors to make sure they are not classified as employees...

Emerging opportunities - and Risks - with Telehealth in the Age of COVID-19
Bradley Arant Boult Cummings LLP, July 2020

As is painfully obvious to even the most casual of observers, the COVID-19 public health emergency has been disruptive to all industries. And, the healthcare industry has been at the epicenter of this disruption. Nonetheless, not all disruption is negative. One bright spot for many healthcare practitioners during this public health crisis has been the emergence and normalization of telehealth...

Emerging Opportunities — and Risks — with Telehealth in the Age of COVID-19
Bradley Arant Boult Cummings LLP, July 2020

As is painfully obvious to even the most casual of observers, the COVID-19 public health emergency has been disruptive to all industries. And, the healthcare industry has been at the epicenter of this disruption. Nonetheless, not all disruption is negative. One bright spot for many healthcare practitioners during this public health crisis has been the emergence and normalization of telehealth...

3 Cannabis Legislation Predictions Ahead of the 2020 Election
Bradley Arant Boult Cummings LLP, July 2020

The glacial pace at which the federal government has implemented cannabis policy–particularly in light of the rapid evolution of cannabis laws at the state level–is at the same time predictable and frustrating to those seeking a measure of certainty...

Patenting COVID-19 Tests: Avoiding the Common Pitfalls
Bradley Arant Boult Cummings LLP, July 2020

The impact on human health of the global pandemic of the SARS-CoV-2 virus and the resulting disease termed COVID-19 cannot be overstated. Not since the influenza pandemic of 1918 have so many regions of the world been so acutely impacted by a single pathogen. Society in 2020 has the advantage of a more sophisticated biotechnology industry. Testing is considered crucial in controlling (or at least mitigating) the pandemic, and tests from several companies have become widely available...

S Corporations, Partnerships, and LLCs
Bradley Arant Boult Cummings LLP, July 2020

The owners of multistate businesses must consider a multitude of factors when deciding how to structure their business ventures, and state taxation cannot be overlooked. The accompanying charts can assist in that evaluation for limited liability companies (LLCs) and limited liability partnerships (LLPs). In recent years, LLCs and, to a lesser extent, limited partnerships and LLPs, have become the popular choice for structuring or re-structuring multistate business entities...

Court Cuts Off Oxygen to Autoerotic Asphyxiation Insurance Claim
Bradley Arant Boult Cummings LLP, June 2020

To the average person, what constitutes an “accident” is likely clear. If someone trips and falls—in most instances, it would be considered an accident. If someone bumps her head getting out of a car—it’s probably just an accident. And if someone were to drop something heavy onto his foot—it would likely be deemed a careless accident...

 

 

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