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Document(s) published by this organization: 98


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Adobe PDFCure and Reinstatement of Home Mortgages in Chapter 13: Florida's Bright-Line Rule is Not So Bright
Jonathan M. Sykes; Burr & Forman LLP;
Legal Alert/Article
January 12, 2015, previously published on November 19, 2014
Section 1322(c)(1) of the Bankruptcy Code allows debtors to cure defaults and reinstate a mortgage on their principal residence "until such residence is sold at a foreclosure sale that is conducted in accordance with applicable nonbankruptcy law." Like many provisions of the Bankruptcy...

 

HTMLCoal Ash Regulation Update
Ronald W. Farley; Burr & Forman LLP;
Legal Alert/Article
January 10, 2015, previously published on December 2, 2014
The U.S. EPA’s efforts to develop a new regulatory path for coal ash (“Coal Combustion Residuals” or “CCR”) by regulating the material either as a hazardous waste or as a solid but non-hazardous waste, are nearing a conclusion. The deadline for EPA to announce a final...

 

HTMLAnother Constitutional Challenge to SEC Administrative Forum
Thomas K. Potter; Burr & Forman LLP;
Legal Alert/Article
January 10, 2015, previously published on October 28, 2014
The drumbeats of discontent grow louder against the SEC’s more frequent use of its internal administrative forum for enforcement cases. I wrote about the current spate of Constitutional challenges to the agency’s forum in an October 9 Law360 article,

 

HTMLSixth Circuit Narrows Collective-Knowledge For PSLRA Scienter
Thomas K. Potter; Burr & Forman LLP;
Legal Alert/Article
January 10, 2015, previously published on October 17, 2014
The US Sixth Circuit last week narrowed its standard for adequately pleading scienter in PSLRA cases using a collective-knowledge theory to impute knowledge to a corporate defendant from among various employees. In Omnicare, the Court limited collective-knowledge scienter by imposing the helpful,...

 

HTMLSEC Approves Supervision & Compliance Rule for Municipal Advisors
Thomas K. Potter; Burr & Forman LLP;
Legal Alert/Article
January 10, 2015, previously published on October 29, 2014
The SEC last week approved new MSRB Rule G-44 implementing supervision and compliance requirements for municipal advisors. The MSRB touted the Rule as “its first dedicated rule for municipal advisors” under the Dodd-Frank mandate for greater regulation of the nation’s...

 

HTMLFederal Circuit Reverses Course, Affirms Patent Ineligibility Ruling in View of Surpreme Court Alice Decision
Ryan M. Corbett; Burr & Forman LLP;
Legal Alert/Article
January 10, 2015, previously published on December 15, 2014
On November 14, 2014, after twice before reversing the lower court’s dismissal of Ultramercial’s complaint for failing to claim statutory subject matter, the Federal Circuit agreed with the lower court that Ultramercial’s patent claims are ineligible under 35 U.S.C. § 101....

 

HTMLMSRB Proposes Gift Limitations for Municipal Advisors
Thomas K. Potter; Burr & Forman LLP;
Legal Alert/Article
January 10, 2015, previously published on October 30, 2014
The MSRB last week proposed an extension of its gift-limitations Rule G-20 to encompass municipal advisors. The Proposed Rule generally limits gifts in relation to municipal securities or advisory services to $100 per year. The limit excludes normal-course (not excessive) business entertainment or...

 

HTMLFINRA Proposes Arbitration and Exam Fee Increases, Declares Rebate
Vincent J. "V. J." Graffeo; Burr & Forman LLP;
Legal Alert/Article
January 10, 2015, previously published on December 9, 2014
Following the final 2014 meeting of the Board of Governors last week, FINRA announced its proposal to increase fees associated with cancelling or postponing an arbitration hearing. In a December 4, 2014 email to firms, FINRA reported that the Board proposed to amend Rules 12601 and 13601 of the...

 

HTMLFINRA Solicitor Pay-to-Play Rules Complete IA & MSRB Suite
Thomas K. Potter; Burr & Forman LLP;
Legal Alert/Article
January 10, 2015, previously published on November 20, 2014
Last Friday, FINRA proposed pay-to-play prohibitions that parallel and implement similar Investment Adviser Act provisions in Rule 206(4)-5. That IA Rule prohibits investment advisers from paying third-parties to solicit government-entity advisory clients unless the solicitor is a “regulated...

 

HTMLMunicipal Issuers Face Dec. 1 Deadline For MCDC Self-Reporting
Thomas K. Potter; Burr & Forman LLP;
Legal Alert/Article
January 10, 2015, previously published on October 20, 2014
State or local government entities, special tax districts, hospital districts and other municipal bond issuers face a December 1 deadline to respond to the SEC Enforcement Division’s “Municipalities Continuing Disclosure Cooperation Initiative.”

 


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