Bradley Arant Boult Cummings LLP (JD Supra United States)

2854 results for Bradley Arant Boult Cummings LLP (JD Supra United States)

  • DoD to Expand Enhanced Debriefings Rights

    The Department of Defense (DoD) recently proposed to amend the Federal Acquisition Regulation Supplement (DFARS) to codify and expand on the rules set forth in DoD’s March 2018 Class Deviation on Enhanced Postaward Debriefing Rights. The proposed rule addresses separately post-award debriefing rights for contract awards and task/delivery order awards.

  • IRS Guidance Clarifies “Involuntary Termination” for the COBRA Subsidy

    In Notice 2021-31, the Internal Revenue Service (IRS) provides broad guidance in a question-and-answer format on the application of the American Rescue Plan Act of 2021 (ARP) regarding premium assistance under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) continuation coverage provisions. Perhaps most critical for group health plan administrators and insurers, the IRS has...

  • Alabama CON Report - May 2021

    I. Certificate of Need Program - A. A.AL2021-011, DVA Healthcare Renal Care, Inc. d/b/a Northport Dialysis, Northport, AL: Proposes the relocation and expansion of its existing state-of-the-art ESRD facility by adding ten (10) new in-center hemodialysis stations and one (1) isolation station for a total of twenty-five (25) stations. Opposition: None. Approved. B. B.AL2021-014, Carillon...

  • CFPB Auto Finance Consent Order: A Sign of Things to Come for Add-On Products?

    On May 21, 2021, the Consumer Financial Protection Bureau (CFPB) and 3rd Generation, Inc. d/b/a California Auto Finance entered into a Consent Order in which the CFPB alleged unfair acts or practices in connection with an auto finance add-on product. What was the add-on product? According to the Consent Order, 3rd Generation purchases and services “subprime auto loans by taking...

  • New EEOC Facts on Getting “Vaxxed” and Getting Back

    The EEOC updated its very clearly titled, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” last week to provide some much needed guidance on COVID-19 vaccine issues. While the EEOC’s guidance is helpful, not surprisingly, it leaves open some questions...

  • Top 4 Top-of-Mind Issues for Employers

    COVID-19 cases are down and vaccinations are up, but 2021’s developments continue at a fast and furious pace. With a new administration in place, new legislation taking effect, and the ever-changing considerations of a pandemic-era workplace, employers may find their heads spinning with where to focus and how to build priorities...

  • Plan Ahead for Changes to Physician Group Practice Profit Sharing

    The Centers for Medicare & Medicaid Services (CMS) recently issued a new rule modernizing the “Stark Law” regulations. The rule aims to advance value-based care and ease the regulatory burden on physicians. Most of the reforms are effective January 2021; however, the rule includes important changes to how physician group practices may share profits that take effect next year... Originally...

  • Wyoming Supreme Court Rules Refinery Company Can Seek Extracontractual Insurance Recovery Against Holdout Insurer

    In a landmark victory for policyholders, the Supreme Court of Wyoming found that a subsidiary of Sinclair Oil can invoke statutory bad faith damages after prevailing in a coverage dispute with its insurer, Infrassure. The court rejected the district court’s analysis that supported the insurer’s narrow interpretation of the state’s insurance code. On certification from the 10th Circuit, the court

  • Guest Column: Florida’s Covid-19 Business Liability Law — What Businesses Need to Know (and do) Now

    Florida has joined a growing wave of states offering individuals, businesses and other organizations significant protections against Covid-19-related legal claims. But how does Florida’s new law — “Civil Liability for Damages Relating to Covid-19” (codified at section 768.38, Florida Statutes) — work? And what do businesses need to know — and do — now? Originally published in Tampa Bay...

  • Who Is That Masked Employee and Is She Vaccinated? Employers Wrestle with New CDC Guidelines

    Do you trust your employees about their vaccination status, or do you need to see proof? Since the Centers for Disease Control and Prevention’s (CDC) new mask guidance came out last week, many employers have been wrestling with the question of how best to determine the COVID-19 vaccination status of their employees.

  • DOL Actively Enforcing Newly Required Mental Health Comparative Analysis

    Group health plans and insurers have been required since 2008 to ensure that any “nonquantitative treatment limitations” (NQTLs) imposed on mental health or substance use disorder (MH/SUD) benefits are comparable and no more restrictive than similar limitations imposed on medical or surgical benefits. However, as of February 10, 2021 (only 45 days after the requirement was enacted under the...

  • Proof of Claim Form: Quick Reference Guide

    A proof of claim is a written statement setting out a creditor's claim and asserting its right to receive a distribution from the bankruptcy estate. It must "conform substantially" to Official Bankruptcy Form B410 (Fed. R. Bankr. P. 3001(a)). The purpose of a proof of claim is to give notice of the claim to the court, the debtor, the trustee, and other creditors. A properly prepared proof of...

  • Executive Order on Cybersecurity Sets Aggressive Timeline

    The Colonial Pipeline cyberattack prompted the issuance of a long-awaited executive order (EO) on improving U.S. cybersecurity. The EO mandates that, within six months, all federal agencies implement multi-factor authentication (MFA) and both at-rest and in-transit encryption. It also calls for agencies to comprehensively log, share, and analyze information about cyber incidents and creates a...

  • Update on Medical Marijuana in Mississippi: COURT VOIDS INITIATIVE 65

    The Mississippi Medical Marijuana program will not go forward – at least not at this time. On Friday, the Mississippi Supreme Court handed down its decision in the City of Madison’s challenge to Initiative 65, Mary Hawkins Butler v. Michael Watson, 2020-IA-01199-SCT. The court’s decision voids Initiative 65’s ballot certification and any subsequent proceeding, including the November 3, 2020,...

  • President Biden Proclaims His Administration’s Policy to Encourage Worker Organizing and Collective Bargaining

    President Biden issued his executive order on “Worker Organizing and Empowerment” on April 26, 2021. In it, he stated that “it is the policy of my Administration to encourage worker organizing and collective bargaining.” In the EO, President Biden noted that while the National Labor Relations Act states that it is the policy of the United States to encourage organizing and bargaining, the federal

  • The Ongoing Saga of the CMS Hospital Price Transparency Rule

    The Centers for Medicare & Medicaid Services (CMS) Hospital Price Transparency Rule went into effect on January 1, 2021, but whether it will succeed in making prices readily comparable for healthcare consumers remains to be seen. Since introducing the rule in late 2019, CMS has battled resistance from industry stakeholders on several fronts, from a barrage of negative comments on the initial...

  • IRS Answers Questions on Taxation of DCAPs and COVID-19 Relief

    The Internal Revenue Service (IRS) has published Notice 2021-26 to provide answers regarding the taxability of benefits received in 2021 and 2022 under a dependent care assistance program (DCAP) that permits carryovers or extended grace periods. In a prior article, we discussed the carryovers and extended grace periods that were permitted as part of the Consolidated Appropriations Act, 2021. The...

  • National Construction Safety Week: Preventing Accidents on the Jobsite

    Even as the construction industry continues its recovery from the impact of the COVID-19 pandemic, it also continues to focus on worker safety. Consistent with this focus, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) scheduled the eighth annual “National Safety Stand-Down to Prevent Falls in Construction” event for May 3-7, 2021...

  • Top Seven Terrible Mistakes Lawyers Make in Arbitrations

    There is a great argument that lawyer advocacy in an arbitration is more essential than at trial in court. Agreeing to arbitrate disputes is a serious decision for any general counsel. There are many pros and cons, but when a dispute is arbitrated, finality is the rule rather than the exception. Great arbitration lawyering is therefore essential.... Originally published by Today's General...

  • A New Day for Arbitration in Mississippi?

    The Mississippi Supreme Court’s decision in Carrick v. Turner ex rel. Walley has the potential to expand arbitration in Mississippi. The case announces a standard for evaluating the validity of arbitration clauses that is more arbitration-friendly than even federal law... Originally published in The Mississippi Lawyer - Spring 2021 Issue.

  • Does the Eleventh Circuit’s Hunstein Decision Mean that the FDCPA Violates the First Amendment?

    The Eleventh Circuit’s far-reaching decision in Hunstein v. Preferred Collection and Management Services, Inc. — which we previously covered on this blog — continues to raise questions for the wide range of industries that fall within the FDCPA’s definition of “debt collectors.” To put it briefly, the Eleventh Circuit held that a debt collector violates the FDCPA when it communicates with any...

  • Alabama’s Medical Cannabis Bill Moves to the Governor’s Desk

    We wrote yesterday that the Alabama House of Representatives voted 68-34 in favor of the medical cannabis bill. Late last night, the Senate concurred with the House’s version of the bill. The bill now moves out of the legislature and onto Gov. Kay Ivey’s desk.

  • In Historic Vote, Alabama House of Representatives Passes Medical Cannabis Bill

    In February a bill to legalize, regulate, and tax non-smokable medicinal cannabis passed through the Alabama Senate on a 21-10 vote. Progress on the bill slowed after moving to the House. The medical cannabis bill passed both House committees it was assigned to in April...

  • W.Va. Consumer Law Changes Offer Help For Finance Cos.

    On March 29, in a development that provides some measure of relief to businesses operating in West Virginia, particularly within the financial services industry, Gov. Jim Justice signed into law amendments to the West Virginia Consumer Credit and Protection Act, or WVCCPA. These amendments come as part of a legislative trend in West Virginia since 2015 to provide more certainty and greater...

  • OSHA Stand Down for Stand Up Safe Employers — Good Tips on Falls

    As the construction industry continues to recover from the COVID-19 pandemic, it also continues to focus on worker safety. Consistent with this focus, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has scheduled the eighth annual “National Safety Stand-Down to Prevent Falls in Construction” event for May 3-7, 2021. OSHA is encouraging construction employers...

  • April Update: COVID-19 Mortgage Servicing Trends Report

    Bradley is proud to share the following information collected from the live polls presented at its weekly COVID-19 Compliance Roundtables. The polling covers hot topics, including forbearances, deferrals, HUD loss mitigation programs, foreclosure moratoriums and other default issues, and how normal servicing concerns such as escrow and credit reporting intersect with COVID-19 compliance issues.

  • Circuit Split No More: 2nd Circuit Clarifies Article III Standing in Data Breach Cases

    While more states push forward on new privacy legislation statutorily granting consumers the right to litigate control of their personal information, federal courts continue to ponder how data breach injury fits traditional standing requirements. Previous to McMorris v. Carlos Lopez, McMorris v. Carlos Lopez & Assocs., LLC, many have argued there was a circuit split regarding whether an increased

  • Georgia 9, Florida 0: Georgia Shuts Out Florida in the Latest Supreme Court Water War Battle

    After nearly a decade of litigation, the U.S. Supreme Court finally decided Florida v. Georgia, Florida's effort to get the Court to equitably apportion (i.e., cap Georgia's consumptive use of) the Apalachicola-Chattahoochee-Flint (ACF) River Basin... Originally published in Florida Water Resources Journal - May 2021.

  • New Exec. Order Increases Federal Contractor Min. Wage to $15 Per Hr.

    President Biden recently signed an executive order (EO) that will increase the minimum wage rate to be paid to workers performing work on or in connection with a federal contract from $10.95 per hour to $15.00 per hour beginning January 30, 2022. The EO states that federal executive departments and agencies shall, to the extent permitted by law, ensure that contracts and contract-like...

  • Alabama CON Report - April 2021

    Bradley Arant Boult Cummings LLP presents its April, 2021 Alabama CON Review Board Update, prepared for the firm's healthcare clients and other interested parties. The firm's Certificate of Need practice utilizes a cross-disciplinary team approach, involving transactional, regulatory, and government relations attorneys. Firm attorneys monitor legislative, regulatory, judicial, and administrative...

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