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Risk Assessment — Construction Claims: How to Calculate the Recoverable Costs and Damages
Bradley Arant Boult Cummings LLP, July 2021

When negotiating a complex change order or preparing to litigate a claim, calculating actual recoverable costs incurred can be a difficult exercise. You will want to first review your contract to determine what kinds of costs are compensable. For example, the change order provision of your contract may provide a specific markup that can be included in a change request or limit the recovery of indirect costs and overhead associated with a change...

Allocating Risk in Solar Power EPC Contracts: Texas Style!
Bradley Arant Boult Cummings LLP, July 2021

Co-hosted by the Texas Solar Power Association  Developing EPC Contracts involves many different stakeholders from investors, developers, contractors, and equipment suppliers. Allocating risk to the party that is in the best position to manage and control the risk is important to keep costs contained. Factors such as technology, cost constraints, schedule, stakeholders, safety, and performance are just some of the major issues that affect risk allocation...

COVID-19's Lasting Impact on Long-Term Care Assets
Bradley Arant Boult Cummings LLP, July 2021

COVID-19 came upon us all like a tsunami, leveling life as we knew it and causing an entirely new paradigm of behavior to be necessary. No segment of the population was hit harder than seniors, both in our communities and in senior care facilities. Long-term care facilities were on the frontlines of the battle, being one of the first industries to be required to wholly alter traditional behaviors to try to stop the inevitable spread of this deadly virus...

Texas’s Major Lien Law Makeover: What You Need to Know
Bradley Arant Boult Cummings LLP, July 2021

Chapter 53 of the Texas Property Code just received major updates for the first time in years. On June 15, 2021, Gov. Greg Abbott signed into law HB 2237. This bill makes many notable changes to Texas’s lien laws. The construction industry and construction lawyers should take note of these changes to the complex and often confusing world of mechanic’s, contractor’s, and materialman’s liens in Texas...

Litigating COVID-19 Claims in Florida — A Lawyer’s Guide
Bradley Arant Boult Cummings LLP, July 2021

Lawyers prosecuting COVID-19 claims should keep the law’s potential speedbumps in mind as they drive their cases. This article briefly describes what both sides of the bar should consider—and look for moving forward—when navigating COVID-19 cases in Florida. Florida recently codified significant protections for individuals, businesses and other organizations facing COVID-19-related lawsuits...

Climate Cases Crest Into Florida: Reynolds v. Florida and What’s Next
Bradley Arant Boult Cummings LLP, July 2021

Over the past ten or so years, imaginative plaintiffs have pressed “climate change cases” in federal and state courts across the United States. In these cases, plaintiffs (most commonly states, municipalities, or environmentalists) sue defendants (often energy companies, states, or municipalities themselves) seeking damages related to climate change. While these cases have proliferated across the country, Florida saw very few in the early going...

Review and Analysis of CFPB’s COVID-19 Final Mortgage Servicing Rules Webinar Recording
Bradley Arant Boult Cummings LLP, June 2021

On June 28, 2021, the CFPB issued a long-awaited set of final rules outlining a number of new COVID-19 mortgage servicing requirements and protections. As expected, the CFPB’s recent release includes, among other things, a COVID-19 foreclosure moratorium, additional COVID-19-related early intervention live contact and reasonable diligence requirements, and relief from the CFPB’s anti-evasion requirements for certain COVID-19 loan modifications...

The Corporate Transparency Act Introduces Beneficial Ownership Disclosure Requirements for Investment Funds
Bradley Arant Boult Cummings LLP, June 2021

A just-passed piece of legislation crafted to bolster countercrime defenses and crack open beneficial ownership bastions, a historical haven for criminals of all stripes, has lesser-known tethers for certain segments of the investment sector – a critical pitfall that should not be lost on compliance teams.   In May 2020, a leaked investigation bulletin prepared by the U.S...

GAO Clarifies Scope of its Jurisdiction Over OTA Protests
Bradley Arant Boult Cummings LLP, June 2021

The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency's use of its other transaction agreement (OTA) authority. The GAO's decision in this case is noteworthy because agencies are increasingly relying on OTAs to meet their procurement needs...

Who Is That Masked Employee and Is She Vaccinated? Employers Wrestle with New CDC Guidelines
Bradley Arant Boult Cummings LLP, June 2021

Do you trust your employees about their vaccination status, or do you need to see proof? Since the Centers for Disease Control and Prevention’s (CDC) new mask guidance came out last week, many employers have been wrestling with the question of how best to determine the COVID-19 vaccination status of their employees...

IRS Guidance Clarifies "Involuntary Termination" for the COBRA Subsidy
Bradley Arant Boult Cummings LLP, June 2021

In Notice 2021-31, the Internal Revenue Service (IRS) provides broad guidance in a question-and-answer format on the application of the American Rescue Plan Act of 2021 (ARP) regarding premium assistance under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) continuation coverage provisions...

New EEOC Facts on Getting “Vaxxed” and Getting Back
Bradley Arant Boult Cummings LLP, June 2021

The EEOC updated its very clearly titled, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” last week to provide some much needed guidance on COVID-19 vaccine issues. While the EEOC’s guidance is helpful, not surprisingly, it leaves open some questions. Section K of the guidance addresses vaccines, so the references below are to the specific questions and answers in that section. Employers can mandate vaccines...

Plan Ahead for Changes to Physician Group Practice Profit Sharing
Bradley Arant Boult Cummings LLP, May 2021

The Centers for Medicare & Medicaid Services (CMS) recently issued a new rule modernizing the “Stark Law” regulations. The rule aims to advance value-based care and ease the regulatory burden on physicians. Most of the reforms are effective January 2021; however, the rule includes important changes to how physician group practices may share profits that take effect next year...

Top 4 Top-of-Mind Issues for Employers
Bradley Arant Boult Cummings LLP, May 2021

COVID-19 cases are down and vaccinations are up, but 2021’s developments continue at a fast and furious pace. With a new administration in place, new legislation taking effect, and the ever-changing considerations of a pandemic-era workplace, employers may find their heads spinning with where to focus and how to build priorities. Below are some of the top areas that are requiring additional thought and focus these days.  1...

Guest Column: Florida’s Covid-19 Business Liability Law — What Businesses Need to Know (and do) Now
Bradley Arant Boult Cummings LLP, May 2021

Florida has joined a growing wave of states offering individuals, businesses and other organizations significant protections against Covid-19-related legal claims. But how does Florida’s new law — “Civil Liability for Damages Relating to Covid-19” (codified at section 768.38, Florida Statutes) — work? And what do businesses need to know — and do — now?  The law’s practical effect Begin with the law’s practical effect...

Proof of Claim Form: Quick Reference Guide
Bradley Arant Boult Cummings LLP, May 2021

A proof of claim is a written statement setting out a creditor's claim and asserting its right to receive a distribution from the bankruptcy estate. It must "conform substantially" to Official Bankruptcy Form B410 (Fed. R. Bankr. P. 3001(a)). The purpose of a proof of claim is to give notice of the claim to the court, the debtor, the trustee, and other creditors. A properly prepared proof of claim is prima facie evidence of the validity and amount of the claim (

W. Va. Consumer Law Changes Offer Help For Finance Cos.
Bradley Arant Boult Cummings LLP, May 2021

On March 29, in a development that provides some measure of relief to businesses operating in West Virginia, particularly within the financial services industry, Gov. Jim Justice signed into law amendments to the West Virginia Consumer Credit and Protection Act, or WVCCPA...

W.Va. Consumer Law Changes Offer Help For Finance Cos.
Bradley Arant Boult Cummings LLP, May 2021

On March 29, in a development that provides some measure of relief to businesses operating in West Virginia, particularly within the financial services industry, Gov. Jim Justice signed into law amendments to the West Virginia Consumer Credit and Protection Act, or WVCCPA...

The Long Shadow: COVID-19 Continues to Pose Significant Compliance Challenges for Mortgage Servicers
Bradley Arant Boult Cummings LLP, April 2021

The COVID-19 Pandemic has wreaked havoc on the mortgage servicing industry, putting significant strain on both mortgage servicers and their borrowers...

Top Seven Terrible Mistakes Lawyers Make in Arbitrations
Bradley Arant Boult Cummings LLP, April 2021

There is a great argument that lawyer advocacy in an arbitration is more essential than at trial in court. Agreeing to arbitrate disputes is a serious decision for any general counsel. There are many pros and cons, but when a dispute is arbitrated, finality is the rule rather than the exception. Great arbitration lawyering is therefore essential. The following are the top seven mistakes I have seen while representing parties in arbitrations, as well as while serving as an arbitrator...

Government Enforcement and Review of Managed Medicare Programs: A Glimpse of Historical Practice and Forthcoming Trends
Bradley Arant Boult Cummings LLP, April 2021

When President Biden announced in December 2020 that he intended to nominate California Attorney General Xavier Becerra to head the Department of Health and Human Services (HHS), the appointment raised eyebrows in certain policy circles. Becerra does not fit the typical administrative profile of past HHS heads. In fact, he has no actual experience in health care or public health policy. Rather, his background is primarily rooted in law enforcement...

Mortgage Payoff Statements State Requirements Matrix 2021
Bradley Arant Boult Cummings LLP, April 2021

One consistent struggle faced by the mortgage servicing industry is the prevalence of conflicting state laws that address payoff statements. One state may permit a servicer to charge a fee for providing a payoff statement while another prohibits such a fee. One state may have specific content requirements that must be included in a payoff statement while another provides the servicer with discretion about the content of the payoff statement...

First Florida Climate Change Suit May Be Just The Beginning
Bradley Arant Boult Cummings LLP, April 2021

For most of the last decade, creative plaintiffs attorneys and their clients — states, municipalities and environmental groups — have pushed novel, untested tort theories designed to hold energy companies, and sometimes, those same state and municipal interests, liable for climate change. Plaintiffs have concentrated their efforts in West Coast forums. But New York and Baltimore saw some action too. Florida, by and large, has avoided the fray. No longer...

Weekly Digest: COVID-19 Resources from Bradley (April 15, 2021)
Bradley Arant Boult Cummings LLP, April 2021

This digest is a curated list of Bradley content regarding the coronavirus. In an effort to provide our clients with the easiest way to find information that may be beneficial in responding to the impact of COVID-19, we have provided links to our most recent blog posts, news alerts, webinar recordings and more. Additionally, this digest will now be deployed on a weekly basis in an effort to reduce the number of emails our clients receive...

Review of Recent CFPB Servicing Actions Bulletin 2021 02 and COVID 19 Proposed Rule
Bradley Arant Boult Cummings LLP, April 2021

In recent days, the CFPB has taken significant actions that will have a lasting impact on mortgage servicers. First, on April 1, the CFPB issued Bulletin 2021-02, warning servicers that being “unprepared is unacceptable.” This bulletin provides important insight into the CFPB’s supervision and enforcement priorities related to servicers’ handling of the COVID-19 crisis...

 

 

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