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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...

 

HTMLIs a Licensed Securities Dealer a “Professional” Under Alabama Law Prohibiting Enforcement of Nonsolicitation Agreements Against Professionals? (UPDATE)
Gerald P. Gillespy; Burr & Forman LLP;
Legal Alert/Article
January 10, 2015, previously published on November 26, 2014
The 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)...

 

HTMLEleventh Circuit: Unaccepted Rule 68 Offer Does Not Moot Individual Or Class Claims
Alan D. Leeth, Kristen Peters Watson; Burr & Forman LLP;
Legal Alert/Article
January 10, 2015, previously published on December 3, 2014
The Eleventh Circuit Court of Appeals recently held that unaccepted Federal Rule of Civil Procedure 68 offers of judgment to the named plaintiffs that, if accepted, would have provided all relief that plaintiffs sought, neither moots the individual plaintiff’s claims or the putative class...

 

HTMLArbitration vs Forum-Selection Clauses: Chicken & Egg Dilemma?
Thomas K. Potter; Burr & Forman LLP;
Legal Alert/Article
January 10, 2015, previously published on October 31, 2014
Last week the Fifth Circuit weighed in on how inartfully crafted arbitration and forum-selection clauses might trump one another. Together with recent decisions from the Second and Ninth Circuits - each with cert petitions pending - the issue seems poised for Supreme Court determination.

 

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...

 

HTMLConstruction Expected to Increase in 2015
Peter C. Vilmos; Burr & Forman LLP;
Legal Alert/Article
January 10, 2015, previously published on December 15, 2014
About ten years ago, during the real estate boom, construction contractors and almost every facet of the American economy linked to construction industry were experiencing substantial profits and a backlog of work and/or orders. When the real estate market crashed, demand for construction...

 

HTMLCybersecurity Continues as a Major Focus of Financial Industry’s Concerns
Michael Dodson; Burr & Forman LLP;
Legal Alert/Article
January 10, 2015, previously published on December 13, 2014
With only three official days left of the current Congress, conversations Wednesday turned towards cybersecurity in the financial sector. The Commodity Futures Trading Commission, Office of the Comptroller of the Currency, and the Securities Exchange Commission all discussed planned or ongoing...

 

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,...

 

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...

 

HTML2nd Circuit Narrows Scope of Tippee Liability for Insider Trading
Thomas K. Potter; Burr & Forman LLP;
Legal Alert/Article
January 10, 2015, previously published on December 12, 2014
The US Second Circuit this Wednesday narrowed the scope of “tippee” liability for insider trading, rejecting the “doctrinal novelty” of recent government prosecution theories. In United State v. Newman, Nos. 13-1837-cr c/w 13-1917-cr (2nd Cir. Dec. 10, 2014), the Court...

 


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