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DOL Guidance on Applying One-Year Limit to COVID-19 Outbreak Period Extensions
Bradley Arant Boult Cummings LLP, March 2021

In EBSA Disaster Relief Notice 2021-01, the Department of Labor (DOL) has issued a critical interpretation of prior guidance that extended certain deadlines for employee benefit plans, participants, and beneficiaries due to COVID-19. We discussed the original guidance in this prior article...

A Business Bankruptcy Overview: How Subchapter V, the CARES Act and the Consolidated Appropriations Act Have Expanded Relief for Businesses and Business Owners in Bankruptcy
Bradley Arant Boult Cummings LLP, March 2021

In February 2020, just prior to the COVID-19 outbreak, the Small Business Reorganization Act of 2019 (Subchapter V) took effect.[1] Subchapter V amends Chapter 11 of the Bankruptcy Code to allow certain individuals and businesses with debts of less than $2,725,625 to file a streamlined Chapter 11 case with the goal to make small business bankruptcies faster and cheaper...

Use the Force? Understanding Force Majeure Clauses
Bradley Arant Boult Cummings LLP, March 2021

It has been said that, sooner or later, everything old is new again. In the wake of the novel coronavirus pandemic (COVID-19) sweeping the globe in 2020, a heretofore largely overlooked and even less understood nineteenth century legal term has come to the forefront of American jurisprudence: force majeure...

Weekly Digest: COVID-19 Resources from Bradley ( March 18, 2021)
Bradley Arant Boult Cummings LLP, March 2021

This digest is a curated list of Bradley content regarding the coronavirus. In an effort to provide our clients with the easiest way to find information that may be beneficial in responding to the impact of COVID-19, we have provided links to our most recent blog posts, news alerts, webinar recordings and more. Additionally, this digest will now be deployed on a weekly basis in an effort to reduce the number of emails our clients receive...

Full Steam Ahead: New Administration and New Priorities Will Add to Already Active FCA Enforcement Environment
Bradley Arant Boult Cummings LLP, March 2021

2020 was an especially active year for FCA enforcement. What does this tell us about compliance in the coming year? Bradley Government Enforcement and Investigations partners Jon Ferry, Ty Howard, and Brad Robertson discuss how the enforcement environment drives compliance, and the areas of risk companies need to focus on this year...

CFPB Speaks: Lessons from the Prioritized Assessments and COVID-19 Servicing Expectations
Bradley Arant Boult Cummings LLP, March 2021

Hear directly from the CFPB about mortgage servicing in the COVID-19 era, including how the leadership transition is affecting the CFPB’s priorities and approach. From a webinar on March 3, Bradley hosted a Q&A session with Allison Brown of the CFPB's Office of Supervision Policy to discuss the CFPB’s supervisory expectations as the industry grapples with CARES implementation and other challenges arising from the coronavirus crisis...

Telehealth Fraud and Abuse: What’s Next in Compliance and Enforcement for Healthcare’s Hottest Area?
Bradley Arant Boult Cummings LLP, February 2021

In 2020, telehealth went from promising ancillary issue to center stage in the healthcare industry. Regulators and law enforcement took notice. With enforcers’ attention now squarely on telehealth fraud and abuse, telehealth providers and companies are poised to be among the main targets for civil and criminal enforcement in the coming years. Webinar Recording Key Takeaways Telehealth is a key enforcement priority for federal and state enforcement agencies, including the U...

The Doctor Will See You Now: FMLA and Telehealth Visits
Bradley Arant Boult Cummings LLP, February 2021

As you already know, COVID-19 changed almost everything, and some of those things are likely here to stay (or at least linger for a while longer). One widespread change is the increased use of videoconferencing. In early 2020, a videoconference was a rarity, but now we Zoom in and out of classrooms, work meetings, and court appearances. Not surprisingly, the virtual world has reached the doctor’s office...

Overcoming TM Maintenance Filing Hurdles Amid Pandemic
Bradley Arant Boult Cummings LLP, February 2021

As we near the second year of the COVID-19 pandemic, trademark maintenance deadlines in 2021 create new obstacles for registrants. To maintain a federal trademark registration, registrants must periodically file an affidavit of use under Section 8, swearing that the mark is in use in commerce or that the registrant has an acceptable excuse for nonuse. Recent office actions show that the U.S...

Two Ways Colleges Can Build Better Paths Toward Student Success
Bradley Arant Boult Cummings LLP, February 2021

Like every other higher education leader, I spent most of the last 10 months reacting to the operational imperatives driven by the COVID-19 crisis. Each day presented a novel crisis, and just when we thought we’d see no more plot twists, a new one emerged. In the midst of that maelstrom and as the state’s higher education chief, I often found myself trying to find elusive time to process what these daily crises meant for our enterprise over the long term...

Weekly Digest: COVID-19 Resources from Bradley
Bradley Arant Boult Cummings LLP, February 2021

Coronavirus Insights & Updates The information listed below is categorized by topic for your convenience and includes content from the previous week. Bradley is actively monitoring and engaging with relevant federal, state or local entities on issues related to the coronavirus. Please contact one of the authors if you have any questions. Click on a link below to view the full article, alert, blog, webinar recording or interview...

Weekly Digest: COVID-19 Resources from Bradley (January 28, 2021)
Bradley Arant Boult Cummings LLP, January 2021

The information listed below is categorized by topic for your convenience and includes content from the previous week. Bradley is actively monitoring and engaging with relevant federal, state or local entities on issues related to the coronavirus. Please contact one of the authors if you have any questions. Click on a link below to view the full article, alert, blog, webinar recording or interview...

Recent Case Law and the Newly Enacted Amendments to the Bankruptcy Code May Enable Your Commercial Client to Get Much Needed Rent Relief
Bradley Arant Boult Cummings LLP, January 2021

The COVID-19 pandemic has been a global shock to businesses everywhere. Uncertainty about its path, duration and magnitude has wreaked havoc on many of our commercial clients. The associated government-mandated shutdown orders have drastically impacted businesses’ ability to make timely rental payments. The Bankruptcy Code does not generally allow debtors to unilaterally abate or modify the terms of their property leases...

Top 10 Changes to Consumer Bankruptcy Proposed in the Consumer Bankruptcy Reform Act of 2020
Bradley Arant Boult Cummings LLP, January 2021

On Dec. 9, Congressional Democrats, including Elizabeth Warren (D-Mass.) and Jerrold Nadler (D-N.Y.), proposed sweeping legislation that would overhaul consumer bankruptcy law. The proposed changes, if adopted, generally would make it easier for consumers to access the bankruptcy system and discharge their debts. Below is a discussion of ten critical changes proposed in the Consumer Bankruptcy Reform Act of 2020 (CBRA). 1...

New York Enacts a Moratorium on COVID-19-Related Residential Evictions and Foreclosures
Bradley Arant Boult Cummings LLP, January 2021

On December 28, 2020, New York passed a new law entitled the “COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020.” The act places a moratorium on COVID-19-related residential real property mortgage foreclosure actions and residential eviction proceedings until May 1, 2021, where a tenant or homeowner has submitted a “hardship declaration” to the foreclosing party, landlord, and/or the court...

New Temporary Special Rules for Flexible Spending Accounts
Bradley Arant Boult Cummings LLP, January 2021

The president has signed into law the Taxpayer Certainty and Disaster Tax Relief Act of 2020, which includes several temporary special rules aimed at minimizing forfeitures and increasing the utility of health and dependent care flexible spending accounts (FSAs). Plans providing for one or both accounts can take advantage of these participant-friendly rules immediately...

How to Provide Employees $26,250 in Nontaxable Student Loan Repayment Assistance
Bradley Arant Boult Cummings LLP, January 2021

The Taxpayer Certainty and Disaster Tax Relief Act, recently passed as part of the “Consolidated Appropriations Act, 2021,” has significantly extended the tax exclusions for employer-paid student loan repayment assistance introduced under the CARES Act. With this extension, employers can provide employees with student loan repayment assistance of up to $5,250 per year for 2021 through 2025 (up to $26,250 total)...

Trademark Law Trends To Follow In 2021
Bradley Arant Boult Cummings LLP, January 2021

2020 was a busy year for trademark litigation, with three U.S. Supreme Court decisions and several high-profile lower court cases involving trademark law. But many folks are understandably eager to put 2020 in the rearview mirror. So too does this article focus on the future, with the following examination of key trademark litigation trends to watch for in 2021. Fallout From Fossil: Influx of Profits Awards? The Supreme Court's recent decision in Romag Fasteners Inc. v...

Weekly Digest: COVID-19 Resources
Bradley Arant Boult Cummings LLP, December 2020

This digest is a curated list of Bradley content regarding the coronavirus. In an effort to provide our clients with the easiest way to find information that may be beneficial in responding to the impact of COVID-19, we have provided links to our most recent blog posts, news alerts, webinar recordings and more. Additionally, this digest will now be deployed on a weekly basis in an effort to reduce the number of emails our clients receive...

Telehealth's Moment: The Effect of COVID19 First Wave Enforcement Actions, and What Lies Ahead for Compliance and Enforcement in Healthcare’s Hottest Area
Bradley Arant Boult Cummings LLP, December 2020

Introduction If 2020 has been defined by COVID-19 pandemic, the healthcare industry in 2020 might be defined by a related single issue — telehealth. Those phenomena are obviously connected. While telehealth has been around in varying forms for years, COVID-19 accelerated its growth, use, and acceptance in unprecedented ways. With that growth comes changes. Reimbursement rules have evolved as telehealth has grown and become more accepted...

Telehealth's Moment: The Effect of COVID 19 First Wave Enforcement Actions, and What Lies Ahead for Compliance and Enforcement in Healthcare’s Hottest Area
Bradley Arant Boult Cummings LLP, December 2020

Introduction If 2020 has been defined by COVID-19 pandemic, the healthcare industry in 2020 might be defined by a related single issue — telehealth. Those phenomena are obviously connected. While telehealth has been around in varying forms for years, COVID-19 accelerated its growth, use, and acceptance in unprecedented ways. With that growth comes changes. Reimbursement rules have evolved as telehealth has grown and become more accepted...

FTC Sues to Block Methodist Le Bonheur-St. Francis Transaction
Bradley Arant Boult Cummings LLP, November 2020

On November 12, 2020, the Federal Trade Commission (FTC) sued to block the acquisition of two Memphis-area hospitals by Methodist Le Bonheur Healthcare. Eleven months earlier, on December 12, 2019, Methodist entered into an agreement with Dallas-based Tenet Healthcare Corporation to purchase Saint Francis-Memphis and St. Francis-Bartlett (along with their associated physician practices, urgent care centers, and other ancillary care providers) for $350 million...

States Enact Statutes that Protect Landlords from COVID-19 Premises Liability Claims
Bradley Arant Boult Cummings LLP, November 2020

A minority of states have enacted statutes and taken other action to protect business owners from claims by persons who allegedly were infected by COVID-19 on their premises.1 The purpose of this article is to compare these statutes and discuss some of the differences between them. This article addresses statutes in effect as of October 27, 2020. The article does not address pending legislation...

Mortgage Servicing in the Age of COVID-19: Post Forbearance
Bradley Arant Boult Cummings LLP, October 2020

On page 8 of the September–October issue, we discussed the COVID-19 forbearance landscape and related compliance challenges for mortgage servicers. In this article, we unpack the post-forbearance world, focusing on the transition out of forbearance and into other forms of loss mitigation assistance, including, but not limited to, payment deferrals, repayment plans, loan modifications, etc...

Information Blocking Rule Compliance Date Extended Due to Pandemic
Bradley Arant Boult Cummings LLP, October 2020

The U.S. Department of Health and Human Services (HHS) Office of the National Coordinator for Health Information Technology (ONC) released an interim final rule on October 29, 2020, delaying the implementation of the information blocking rule under the 21st Century Cures Act (Information Blocking Rule)...

 

 

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