Document(s) published by this organization: 116
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|Reverse Churning: Don't Fall Asleep at the Wheel|
Benjamin B. Coulter, Rhett Owens; Burr & Forman LLP;
July 17, 2014, previously published on July 10, 2014It is obvious that broker-dealers and their registered representatives, and investment advisors, must be careful in making recommendations to clients. But the recent increase in regulatory interest relating to inaction in a client account should also give pause to members of the securities...
|President Obama Plans to Sign LGBT Anti-Discrimination Executive Order|
H. Carlton Hilson; Burr & Forman LLP;
July 15, 2014, previously published on July 2014President Barack Obama will soon sign an executive order barring federal government contractors from discriminating against lesbian, gay, bisexual, and transgender ("LGBT") employees and job applicants, according to recent reports. "The President, following on his pledge for this to...
|Mississippi Legislature Expands State’s Lien Law to Protect Subcontractors, Suppliers, and Materialmen|
Christopher D. Meyer; Burr & Forman LLP;
July 7, 2014, previously published on June 25, 2014In the wake of the Fifth Circuit Court of Appeals’ long-awaited ruling in Noatex Corp. v. King Construction of Houston, LLC, Case No. 12-60385 (5th Cir. Oct. 10, 2013), which struck down Mississippi's now-repealed Stop-Notice statute as unconstitutional, the State legislature has revamped and...
|Make 'Em Pay! Sovereign Nation Or Not|
Joseph T. King; Burr & Forman LLP;
July 7, 2014, previously published on June 26, 2014On June 16, 2014, the United States Supreme Court ruled that the Foreign Sovereign Immunities Act doesn't forbid or limit post-judgment discovery in aid of execution. Indeed, there is nothing wrong with a judgment creditor seeking discovery in a supplemental proceeding of a sovereign nation's bank...
|Alabama Adopts PLA Reform|
Nancy Fouad Carey; Burr & Forman LLP;
July 7, 2014, previously published on June 24, 2014On March 3, 2014, Alabama Governor Robert Bentley signed into law House Bill 195, the “Fair and Open Competition in Governmental Construction Act.” Under the Act, public agencies awarding any contract for the construction, repair, remodeling, or demolition of a public improvement, or...
|The Alabama Supreme Court Broadens the Definition of “Occurrence” in a General Contractor’s Commercial General Liability Policy in Owners Insurance Company v. Jim Carr Homebuilder, LLC|
Daniel L. Burkard; Burr & Forman LLP;
July 7, 2014, previously published on June 24, 2014On March 28, 2014, the Alabama Supreme Court withdrew its September 20, 2013 opinion and substituted a new decision in Owners Ins. Co. v. Jim Carr Homebuilder, LLC, 2014 WL 1270629 (Ala. Mar. 28, 2013). In its new decision, the Alabama Supreme Court held that the definition of...
|Is a Licensed Securities Dealer A “Professional” Under Alabama Law Prohibiting Enforcement Of Nonsolicitation Agreements Against Professionals?|
Gerald P. Gillespy; Burr & Forman LLP;
June 20, 2014, previously published on May 21, 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)...
|Federal Government Expands Enforcement of Immigration Laws through Site Inspections and Employee Interviews|
Anton F. Mertens, Anna L. Scully; Burr & Forman LLP;
June 18, 2014, previously published on June 2014USCIS’s Fraud Detection and National Security (FDNS) Directorate is expected to begin full-scale implementation of an L-1 site inspection program in the near future. FDNS conducts unannounced administrative site visits regarding approximately 15,000 H-1B petitions each year, and is now...
|U.S. Supreme Court Issues Ruling in In re Bellingham|
Burr Forman LLP;
June 18, 2014, previously published on June 11, 2014On June 9, 2014, the United States Supreme Court issued a unanimous opinion in Exec. Benefits Ins. Agency, Inc. v. Arkison ( In re Bellingham Ins. Agency, Inc.), 573 U.S. &under;&under;&under; (2014), affirming the Ninth Circuit and holding that, while the Constitution does not permit a bankruptcy...
|Alabama Limited Liability Company Law of 2014|
Burr Forman LLP;
June 18, 2014, previously published on June 12, 2014In March of this year, Alabama adopted a new limited liability company law under the name of the Alabama Limited Liability Company Law of 2014 (Act No. 2014-144). The new act will apply to LLCs formed after January 1, 2015. For LLCs formed before January 1, 2015, the law will be applicable to them...