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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...

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...

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...

Big Win for Restaurant Policyholders in COVID-19 Litigation in North Carolina
Bradley Arant Boult Cummings LLP, October 2020

A North Carolina court has required Cincinnati Insurance Company to provide business interruption and extra expense coverage to 16 North Carolina restaurants that lost the use of and access to their properties due to COVID-19 civil authority orders (see North State Deli, LLC, et al. v. Cincinnati Insurance Co. et al.)...

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...

CFPB Speaks: Expectations for Servicers in the Age of COVID-19 Webinar Recording
Bradley Arant Boult Cummings LLP, October 2020

Join us for a special opportunity to hear directly from the CFPB about mortgage servicing in the COVID-19 era. On October 14 from 2:00-3:00 p.m. ET, 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...

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...

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)...

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...

COVID-19 FOMU for Employers: Fear of Messing Up
Bradley Arant Boult Cummings LLP, October 2020

Even in virus-free times, the world of labor laws and employment regulations is at best confusing to an employer, and at worst, overwhelming. Adding the stress of emergency paid sick leave, ever-evolving unemployment qualifications, and shelter-in-place orders is enough to make any boss’s head spin. Business owners want to keep their employees healthy and safe. They also want to operate in a way that at least garners enough income to keep the doors open...

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 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...

COVID-19 Webinar Series: Counterfeit Issues in the Pandemic - Protecting Your Brands and Patented Products Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Since the coronavirus pandemic began, the volume of counterfeit goods produced by Chinese manufacturers appears to be on the rise again. While counterfeit goods have been a challenge that online retailers have been fighting for years, the risk has become greater in the COVID-19 era when more consumers are turning to online shopping. Counterfeit goods result in lost revenue and reputational harm to retailers...

COVID-19 Webinar Series: Counterfeit Issues in the Pandemic - Protecting Your Brands and Patented Products Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Since the coronavirus pandemic began, the volume of counterfeit goods produced by Chinese manufacturers appears to be on the rise again. While counterfeit goods have been a challenge that online retailers have been fighting for years, the risk has become greater in the COVID-19 era when more consumers are turning to online shopping. Counterfeit goods result in lost revenue and reputational harm to retailers...

COVID-19 Webinar Series: Counterfeit Issues in the Pandemic – Protecting Your Brands and Patented Products Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Since the coronavirus pandemic began, the volume of counterfeit goods produced by Chinese manufacturers appears to be on the rise again. While counterfeit goods have been a challenge that online retailers have been fighting for years, the risk has become greater in the COVID-19 era when more consumers are turning to online shopping. Counterfeit goods result in lost revenue and reputational harm to retailers...

COVID-19 Webinar Series: Digital Assets, Blockchain and Fintech Toolkit for Success Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

Cryptocurrency, blockchain technology and fintech companies are well experienced in dealing with legal and regulatory issues that are unique, unprecedented and global. While usually creative and oriented to solving problems, even the most flexible of teams are stretched with the onslaught of issues unfolding in the wake of COVID-19...

COVID-19 Webinar Series: Employee Considerations for Employers Webinar Recording
Bradley Arant Boult Cummings LLP, March 2020

A panel of Bradley labor and employment and cybersecurity attorneys discuss coronavirus-related issues facing employers, including: How should you talk with your employees about the rapidly changing situation with the coronavirus and what it means for them as employees? What are the wage and hour, benefits and data security issues implicated by employees working remotely? What are the options for maintaining or reducing your workforce when the coronavirus results in supply chain int

COVID-19 Webinar Series: Insurance Coverage Steps to Take Now Webinar Recording
Bradley Arant Boult Cummings LLP, March 2020

Does your organization’s insurance program provide any protection from the economic disruption caused by the novel coronavirus pandemic? What steps should you take to assess and protect that insurance coverage? The Bradley Policyholder Insurance Coverage team has provided an informative webinar addressing insurance coverage and claims adjustment for event cancellation, business interruption, and third-party claims stemming from the pandemic...

COVID-19 Webinar Series: IT, Cybersecurity, and Privacy Impacts on Remote Work Webinar Recording
Bradley Arant Boult Cummings LLP, April 2020

In the wake of COVID-19, cities, counties and states across the nation are issuing “shelter in place” orders to curb nonessential movement of residents, and companies around the world are moving to a remote work system. This webinar focuses on IT, cybersecurity, and privacy issues that may impact businesses that are located in “shelter-in-place” jurisdictions...

 

 

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