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Legal Articles: Burr & Forman LLP

 







Document(s) published by this organization: 51


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Adobe PDFAntennas up, Employers: Are ALJs History?
Meryl Cowan; Burr & Forman LLP;
Legal Alert/Article
February 15, 2017, previously published on January 2017
The Supreme Court of the United States is, of course, known for landmark decisions affecting the lives of Americans. When we hear "SCOTUS" we think of famous civil rights cases such as Marbury v. Madison, (1803) which established the Supreme Court's power of judicial review over Congress,...

 

Adobe PDFWho Decides Whether Bankruptcy Jurisdiction Exists after Removal from State Court?
Regan Loper; Burr & Forman LLP;
Legal Alert/Article
February 15, 2017, previously published on January 2017
Imagine that while a bankruptcy case is pending, the debtor-in-possession or bankruptcy trustee files a state law claim against one of the estate's creditors. Presumably, if the debtor wins its state law claim, that recovery augments the bankruptcy estate and increases the amount available to pay...

 

Adobe PDFAre Non-Compete Agreements Right for Your Construction Company?
Peter C. Vilmos; Burr & Forman LLP;
Legal Alert/Article
February 15, 2017, previously published on January/February 2017
Non-compete agreements, or non-competition agreements, are contracts into which an employer and an employee enter that restricts the work the employee can perform for another company when the employee’s tenure at the employer company ends. Typically, it’s illegal to intentionally...

 

Adobe PDFEnd in Sight for Medicare ALJ Backlog?
Kelli Carpenter Fleming; Burr & Forman LLP;
Legal Alert/Article
February 15, 2017, previously published on January 17, 2017
Reprinted with Permission from the Birmingham Medical News. As providers who are currently undergoing a Medicare claims appeal know, there is a lengthy delay to having an appeal actually heard by an Administrative Law Judge ("ALJ"). Some estimates indicate that it will currently take over...

 

Adobe PDFNew Requirements of Participation for Skilled Nursing Facilities
Angie Cameron Smith; Burr & Forman LLP;
Legal Alert/Article
February 15, 2017, previously published on January 2017
On October 4, 2016, The Centers for Medicare and Medicaid Services ("CMS") released the final rules regarding the requirements of participation for skilled nursing facilities. One of the most significant changes to the regulations is the new abuse reporting requirements. Pursuant to 42...

 

Adobe PDFA Look Ahead at Construction in 2017
Matthew J. DeVries; Burr & Forman LLP;
Legal Alert/Article
February 14, 2017, previously published on December 2016
On behalf of Burr’s Construction Practice Group and the entire firm, I wish you, your family and your company continued success and the very best this Holiday Season. I think most of us can see that the growth in construction predicted last year for 2016 came to fruition in many instances....

 

HTMLBirmingham Business Journal: Special Q&A with Bryance Metheny on Overtime Laws
Bryance Metheny; Burr & Forman LLP;
Legal Alert/Article
February 14, 2017, previously published on January 3, 2017
In an article published on Dec. 30, 2016 by the Birmingham Business Journal, Bryance Metheny answers a series of questions on when the overtime law regulations will come into play and what to expect with these new regulations. When asked if the new overtime laws will ever take effect, Metheny...

 

HTMLNashville Business Journal: SEC Cracks Down on Whistleblower Restrictions
Thomas K. Potter; Burr & Forman LLP;
Legal Alert/Article
February 14, 2017, previously published on January 5, 2017
In an article published on Jan. 4, 2017 in the Nashville Business Journal, Tom Potter provides insight on the SEC cracking down on whistleblower rights, and advises Nashville employers to review their agreements for compliance. Potter explains that the requirements apply to all businesses —...

 

HTMLBloomberg BNA: Electronically Stored Information Spoliation Sanctions: A New Test, Escaping Liability for Bad Faith Destruction and a $3 Million Fine
Matthew T. Scully; Burr & Forman LLP;
Legal Alert/Article
February 14, 2017, previously published on January 5, 2017
In an article published on Jan. 4, 2017 in Bloomberg BNA, Matthew Scully provides insight on electronically stored information and how it pertains to amendments to the Federal Rules of Civil Procedure. Scully explains that the purpose of the amendments was to inject more “common-sense”...

 

Adobe PDFDebtors Who Misuse Collateral Can Lose the Benefit of Discharging their Debt in Bankruptcy
Samantha Alves Orender; Burr & Forman LLP;
Legal Alert/Article
February 14, 2017, previously published on December 2016
On November 21, 2016, in a case entitled In re Monson,1 the Eleventh Circuit Court of Appeals affirmed the Bankruptcy Court's decision,2 which held that a debtor's conduct constituted a willful and malicious injury to a creditor within the meaning of 11 U.S.C. § 523(a)(6), because the debtor...

 


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