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“To Shield Thee From Diseases of the World”: The Past, Present, and Possible Future of Immunization Policy
Bradley Arant Boult Cummings LLP, February 2020

Introduction The World Health Organization named “vaccine hesitancy” as one of the top global health threats in 2019. In the United States, widespread utilization of non-medical exemptions to mandatory vaccination laws has led to statistically significant outbreaks of measles and other vaccine-preventable illnesses, and many headlines forecast that if vaccination exemptions continue the trajectory they are on, this country may well face a public health emergency...

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...

A Gov't Contractor's Guide to Excusable, Compensable Delays
Bradley Arant Boult Cummings LLP, April 2020

With the recent and rapid spread of COVID-19 in the U.S., government contractors have already started experiencing contract performance delays, which inevitably will have a significant financial impact...

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...

An American Healthcare Lawyer’s Perspective on the Emergence of COVID-19
Bradley Arant Boult Cummings LLP, March 2020

We knew this year was going to be an especially bad one for the flu. In its November 2019 issue, Scientific American, one of the country's leading science publications, included a twenty-page article titled "The Influenza Outlook", which highlighted the escalating threat of influenza for the year 2020. Unfortunately, at present, the emergence and spread of the novel coronavirus makes the flu pale by comparison...

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...

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...

Bankruptcy Basics: What Every Business Department Should Know
Bradley Arant Boult Cummings LLP, April 2020

When a client or customer files for bankruptcy, a business’ treatment of that customer’s account must change. Many businesses have dedicated bankruptcy departments or teams that deal with these accounts. However, it can take a while before the account is flagged or transferred to the bankruptcy team. Further, some smaller business bankruptcy teams are comprised of other department employees just wearing a “bankruptcy hat” when working on those accounts...

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...

Beyond the False Claims Act: The Government’s Untraditional Tools in Health Care Fraud Prosecutions
Bradley Arant Boult Cummings LLP, February 2020

INTRODUCTION In one of his last speeches as Attorney General of the United States, Jeff Sessions proudly boasted: “We are sending a clear message to criminals across the country: we will find you. We will bring you to justice. And you will pay a very high price for what you have done.” This type of rhetoric is often reserved for serious criminal offenders...

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...

Case Study: Andy Iverson – American Bath Group LLC
Bradley Arant Boult Cummings LLP, April 2020

There are some things in life everyone needs. A bathroom, for example. Moving from the construction and energy industries to a once family-owned now multibillion-dollar business, Andy Iverson says he was a perfect match to serve as general counsel for American Bath Group, a fast-paced manufacturing company looking to change the bathware industry. “I get to play problem solver,” Iverson says...

Chambers Global Practice Guide: Fintech
Bradley Arant Boult Cummings LLP, March 2020

Overview and Outlook for Fintech in 2020 Technology continues to redefine our expectations in almost every area of our lives and shape the way we interact with the world...

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...

Commercial Debt Modifications and COVID-19
Bradley Arant Boult Cummings LLP, March 2020

Section 1106 of the Coronavirus Aid, Relief, and Economic Security Act or the “CARES Act” provides a framework whereby small businesses can obtain loans from the SBA that may be forgiven to the extent of certain business expenses, including rent. Generally, when a loan is forgiven, the debtor is taxed on the amount forgiven under Internal Revenue Code §108 (subject to statutory exceptions)...

Congress Should Authorize Removal of Counterclaims and Third-Party Claims Pleaded as Class Actions
Bradley Arant Boult Cummings LLP, April 2020

For over 240 years, Congress has allowed citizens of different states to litigate in federal court and, for equally as long, has permitted defendants to remove such cases from state court to federal court in cases exceeding the jurisdictional minimum. Judiciary Act of 1789, 1 Stat. 79 Section 12...

Constitutional Lessons For Prisons Amid COVID-19 Outbreak
Bradley Arant Boult Cummings LLP, March 2020

The spread of the highly contagious coronavirus has reach pandemic status. Over 550,000 cases have been confirmed across more than 175 countries, and the United States now has over 86,000 confirmed cases across all 50 states and four territories. In other countries, the threat of coronavirus has already impacted prison operations — lockdowns have been implemented in Italy and thousands of prisoners were released in Iran...

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...

COVID-19 in North Carolina: Practical Mitigation for the Renewable Energy Industry
Bradley Arant Boult Cummings LLP, March 2020

First and foremost, our collective priority is, and should remain, human health and safety. As local, state, and federal government take action to help limit the spread of COVID-19, we are monitoring the rapid developments of this fast-moving news cycle and COVID-19’s impacts on renewable energy markets. Many open questions remain regarding the impact of COVID-19 in North Carolina – particularly the impact on businesses...

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...

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...

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...

COVID-19 Webinar Series: Business Continuity Planning Webinar Recording
Bradley Arant Boult Cummings LLP, March 2020

Below is a link to the recording of the COVID-19 Webinar Series: Business Continuity Planning, as well as a corresponding PowerPoint presentation. For more information, visit www.bradley.com/coronavirus. This webpage addresses specific concerns and questions related to the impact of the coronavirus including some common Q&As, attorney-authored content on how the coronavirus may impact you or your business, and links to helpful online resources...

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...

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...

 

 

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