Document(s) published by this organization: 95
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|Denial of Plan Confirmation and Finality - Supreme Court's Resolution of Circuit Split May Apply to Chapter 11|
Niel Alden; Burr & Forman LLP;
February 26, 2015, previously published on January 21, 2015The Supreme Court has agreed to hear Bullard v. Hyde Park Savings Bank (In re Bullard), U.S., No. 14-116 (cert. granted 12/12/14). The Court's decision in this case will resolve a circuit split with regard to whether an order denying confirmation of a bankruptcy plan is a final order appealable...
|New Year’s Resolution: Review Non-Compete|
Peter C. Vilmos; Burr & Forman LLP;
February 17, 2015, previously published on December 23, 2014With the holidays around the corner, college football “Bowl Season” ramping up, and the singing of Auld Lang Syne within earshot, many employers not in the retail or travel businesses are wrapping up 2014 and preparing to start off 2015 with a strong first quarter. Some businesses shut...
|Supreme Court Changes Standard Of Review For Patent Claim Construction Rulings|
Ryan M. Corbett; Burr & Forman LLP;
February 17, 2015, previously published on January 23, 2015In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court revised the standard of review used by the Federal Circuit for nearly twenty years in reviewing claim construction rulings, replacing a de novo standard with a “clearly erroneous” standard. Teva sued Sandoz for...
|Environmental Issues and The Republican Majority|
Ronald W. Farley; Burr & Forman LLP;
February 16, 2015, previously published on January 5, 2014Expectations are running high among some that the incoming Republican majority in both Houses of Congress will act to change or eliminate various environmental regulations and statutory provisions that they claim harm the economy. Interest groups are extending these efforts to enlist State...
|Third DCA Issues Opinion Today Defining When and How Acceleration Occurs and Addressing Nature of Contractual Conditions Precedent to Acceleration|
Christine Irwin Parrish; Burr & Forman LLP;
February 6, 2015, previously published on January 14, 2015Florida’s Third District Court of Appeal issued an opinion today that provides further guidance in determining the date of accrual of a cause of action in a subsequent mortgage foreclosure action and addresses the nature of contractual conditions precedent to acceleration of debt. In the...
|Statute of Limitations Shake Up: Florida’s Third District Court of Appeal Certifies Inter-District Conflict|
Nicholas S. Agnello, John R. Chiles; Burr & Forman LLP;
February 6, 2015, previously published on January 14, 2015The Florida Third District Court of Appeal released an opinion which dramatically alters the landscape of foreclosure law in Florida. The opinion is Deutsche Bank Trust Company Americas, v. Harry Beauvais, et al., No. 3D14-575, and it rewrites much of what you thought you knew about the statute of...
|Cure and Reinstatement of Home Mortgages in Chapter 13: Florida's Bright-Line Rule is Not So Bright|
Jonathan M. Sykes; Burr & Forman LLP;
January 12, 2015, previously published on November 19, 2014Section 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...
|Court Sets Aside SEC’s First Muni “Control-Person” Settlement|
Thomas K. Potter; Burr & Forman LLP;
January 10, 2015, previously published on November 24, 2014Earlier this month, the SEC used a “control-person” charge in a settled action against an elected municipal official in connection with municipal bond offering. Enforcement touted that “first” on the Monday after: “An enforcement model with no penalties was not...
|Another Constitutional Challenge to SEC Administrative Forum|
Thomas K. Potter; Burr & Forman LLP;
January 10, 2015, previously published on October 28, 2014The 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,
|Is a Licensed Securities Dealer a “Professional” Under Alabama Law Prohibiting Enforcement of Nonsolicitation Agreements Against Professionals? (UPDATE)|
Gerald P. Gillespy; Burr & Forman LLP;
January 10, 2015, previously published on November 26, 2014The Alabama Court of Civil Appeals released a slip opinion on May 16, 2014 addressing enforcement of a nonsolicitation agreement against a licensed securities broker. See G.L.S. & Associates, Inc., and G.L. Smith & Associates, Inc. v. Keith Rogers, No. 2130322 (Ala. Civ. App. May 16, 2014)...