Bradley Arant Boult Cummings LLP

The U.S. Court of Appeals for the Second Circuit on March 13 issued a highly consequential decision in U.S. Securities andExchange Commission v. Rashid, interpreting and applying the mental state for liability of investment advisers under the Investment Advisers Act. Over a strong dissent, the court reversed a finding of liability of the defendant investment adviser under basic principles of negligence law, and in doing so, provided a road map for future enforcement actions under the act...

In its traditional form, the advice of counsel defense can validate conduct that might otherwise be considered criminal. But invocation carries a steep cost: The defendant must waive his privilege with the lawyer who gave the advice in question. An additional prerequisite complicates utilization: The defendant must demonstrate good faith reliance on the advice he sought and received. Meeting this prerequisite necessarily requires that the defendant identify the particular question he raised to counsel, as well as the specific instruction counsel provided in return...

Bradley is pleased to announce that Kimberly E. Zirkle has joined the firm’s Banking & Financial Services Practice Group as a partner in the Charlotte office. “Kimberly is an exceptional practitioner with strong community ties who is known for helping clients achieve desired outcomes through creative solutions and structures across a range of highly regulated industries,” said Bradley Charlotte Office Managing Partner Robert R. Marcus. “We are pleased to welcome her to our team, and we look forward to having her strong legal skillset and reputation for exceptional client service to help us continue to grow our financial services practice in Charlotte.” Ms...

Bradley is pleased to announce that, for the second consecutive year, Leah M. Campbell and the firm have been recognized by Safe Alliance for their pro bono contributions during the organization’s annual Pro Bono Awards Ceremony on April 16. Safe Alliance is a nonprofit organization dedicated to providing hope and healing for those impacted by domestic violence and sexual assault. They provide assistance through several programs and services including a confidential hotline, a domestic violence shelter, a court advocacy program for victims, a trauma resource center and other counseling and support groups...

Significant issues can arise during the three phases of the design and construction process. Effective planning, performance and completion are critical to the success of any construction project. So is informed counsel that addresses a variety of business issues, including mergers and...

The Declassified blog offers commentary and insights on the latest class action suits, significant class action opinions, relevant changes to laws and rules, and important class action trends. Declassified covers topics ranging from significant Supreme Court and appellate court decisions regarding...

Bradley's Financial Services Litigation and Compliance Team offers the full spectrum of legal services to banks, bank holding companies, mortgage servicers, home mortgage lenders, and other consumer finance companies.

Bradley's It Pays to Be Covered Blog discusses insurance law developments and industry trends in property and casualty insurance, including the growing cyber insurance market, coverage for drones, and blockchain exposures. We also address practical risk management strategies of interest to risk...

Our Labor and Employment team has extensive experience helping our clients resolve disputes both in and out of the courtroom. We are proud to work with a large and diverse group of local, regional, and national clients in a variety of industries, including healthcare, manufacturing, mining, media,...

A Resource for Privacy Developments and Cybersecurity Risks in an Era of Evolving Technology

Patent law, like most things in life, is subject to change. Changes to patent laws not only impact investment in your existing IP, but directly shape strategies to protect your freedom to operate. The Patent 213 blog provides up-to-date, insightful analysis of the evolution in the written...

Bradley’s The Law of Order blog serves as a general parliamentary procedure resource, providing information about creation and revision of governing documents (constitutions, bylaws, or rules), application of Robert’s Rules of Order and other procedural authorities in a variety of contexts (such as...