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New York Enacts a Moratorium on COVID-19-Related Residential Evictions and Foreclosures
Bradley Arant Boult Cummings LLP, January 2021

On December 28, 2020, New York passed a new law entitled the “COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020.” The act places a moratorium on COVID-19-related residential real property mortgage foreclosure actions and residential eviction proceedings until May 1, 2021, where a tenant or homeowner has submitted a “hardship declaration” to the foreclosing party, landlord, and/or the court...

When Do CARES Act Forbearance Rights and Foreclosure Moratoriums End?
Bradley Arant Boult Cummings LLP, January 2021

The March 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act) contains a number of provisions that help borrowers with federally backed mortgage loans. Among these are forbearance protections for borrowers with single-family loans and multifamily loans. However, only one of the forbearance provisions has a clearly defined period when the rights are available...

New Temporary Special Rules for Flexible Spending Accounts
Bradley Arant Boult Cummings LLP, January 2021

The president has signed into law the Taxpayer Certainty and Disaster Tax Relief Act of 2020, which includes several temporary special rules aimed at minimizing forfeitures and increasing the utility of health and dependent care flexible spending accounts (FSAs). Plans providing for one or both accounts can take advantage of these participant-friendly rules immediately...

How to Provide Employees $26,250 in Nontaxable Student Loan Repayment Assistance
Bradley Arant Boult Cummings LLP, January 2021

The Taxpayer Certainty and Disaster Tax Relief Act, recently passed as part of the “Consolidated Appropriations Act, 2021,” has significantly extended the tax exclusions for employer-paid student loan repayment assistance introduced under the CARES Act. With this extension, employers can provide employees with student loan repayment assistance of up to $5,250 per year for 2021 through 2025 (up to $26,250 total)...

Retirement Plan Provisions in the New COVID-19 Relief Acts
Bradley Arant Boult Cummings LLP, January 2021

The recently enacted COVID-19 Related Tax Relief Act of 2020 and the Taxpayer Certainty and Disaster Tax Relief Act of 2020, both of which are part of the “Consolidated Appropriations Act, 2021,” includes the following provisions that expand and extend changes intended to provide relief to retirement plan sponsors and participants affected by the COVID-19 pandemic and other disasters...

Trademark Law Trends To Follow In 2021
Bradley Arant Boult Cummings LLP, January 2021

2020 was a busy year for trademark litigation, with three U.S. Supreme Court decisions and several high-profile lower court cases involving trademark law. But many folks are understandably eager to put 2020 in the rearview mirror. So too does this article focus on the future, with the following examination of key trademark litigation trends to watch for in 2021. Fallout From Fossil: Influx of Profits Awards? The Supreme Court's recent decision in Romag Fasteners Inc. v...

Weekly Digest: COVID-19 Resources
Bradley Arant Boult Cummings LLP, December 2020

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...

5 Key Bid Protest Decisions Of 2020
Bradley Arant Boult Cummings LLP, December 2020

In 2020, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, and the U.S. Government Accountability Office issued five decisions worthy of particular note: Inserso Corp. v. U.S.[1] Teledyne Brown Engineering Inc.[2] Kiewit Infrastructure West Co. v. U.S.[3] LAX Electronics Inc. v. U.S.[4] Centerra Integrated Facilities Services LLC...

Best Practices: Change Orders — Things to Watch for in Negotiations
Bradley Arant Boult Cummings LLP, December 2020

It is the rare construction project that is completed without any change in the work. In most sophisticated construction projects, the contractual mechanism for managing these changes involves the issuance of a change order. However, managing change orders is not something project teams are always well-trained on, which can cause issues for small and big contractors alike...

Debt Sales, Transfers, Disputes, and Record Retention – CFPB Debt Collection Rule Working Session 5 Webinar Recording
Bradley Arant Boult Cummings LLP, December 2020

While the calling restrictions are sure to get the most publicity from the CFPB’s new debt collection rule, a number of the less discussed aspects of the rule may present just as many operational challenges. For instance, the CFPB’s prohibition on the sale or transfer of certain types of debt, as well as the record retention requirements in the rule will likely present a number of hurdles of their own...

Steps for Proactive CPRA Compliance
Bradley Arant Boult Cummings LLP, December 2020

California voters signaled that privacy is a top priority by overwhelmingly approving Proposition 24 on Nov. 3, 2020—the California Privacy Rights Act (CPRA). The CPRA amends and significantly strengthens the recently enacted California Consumer Privacy Act and moves California's privacy laws toward those of the EU General Data Protection Regulation (GDPR)...

An Active Year For Health Care Antitrust Enforcement
Bradley Arant Boult Cummings LLP, December 2020

All eyes were on health care in 2020, as the industry faced unprecedented challenges presented by the global coronavirus pandemic. Stories and images of overburdened frontline health care workers dominated the news cycle for most of the year, and the rapid development of one or more seemingly effective vaccines has engendered a cautious optimism for a return to normalcy in 2021...

CMS Finalizes General Supervision Requirement for Medicare Non-Surgical Extended Duration Therapeutic Services
Bradley Arant Boult Cummings LLP, December 2020

Non-surgical extended duration therapeutic services (NSEDTS) are services which have a significant monitoring component that can: extend for a lengthy period of time, are not surgical, and typically have a low risk of complications after the assessment at the beginning of the service...

Bradley 2020 CLE Day Webinar Recording
Bradley Arant Boult Cummings LLP, December 2020

It's that time of year again – CLE Compliance season! With the impact of COVID-19, we know many of our clients have found it challenging to meet their annual CLE requirements. Bradley is pleased to offer you a complimentary, online CLE addressing key topics with thought-leading speakers from inside and outside of Bradley. This CLE program includes 1 ethics hour and 2 general hours...

Bradley Life Sciences 2020 CLE Day Webinar Recording
Bradley Arant Boult Cummings LLP, December 2020

It's that time of year again – CLE Compliance season! With the impact of COVID-19, we know many of our clients have found it challenging to meet their annual CLE requirements. Bradley is pleased to offer you a complimentary, online CLE addressing key topics with thought-leading speakers from inside and outside of Bradley. This CLE program includes 1 ethics hour and 2 general hours...

Call Frequency Limitations – CFPB Debt Collection Rule Working Session 4 Webinar Recording
Bradley Arant Boult Cummings LLP, December 2020

The CFPB’s debt collection rule goes a long way towards resolving a long standing FDCPA question: How often can I call a debtor? Rather than institute a bright line rule, the CFPB adopted a rebuttable presumption which effectively limits debt collectors (including loan servicers subject to the FDCPA) to placing seven calls in a seven-day period. To further complicate matters, the rule also effectively prohibits calls for seven days after you actually reach a debtor...

CPRA Is Here… Now What? Webinar Recording
Bradley Arant Boult Cummings LLP, December 2020

The California Privacy Rights Act of 2020 (CPRA), also known as CCPA 2.0, was approved by California voters on November 3, 2020. The new law builds on CCPA and forecasts an even stricter regulatory data privacy environment for businesses. Please join Bradley cybersecurity and privacy attorneys Erin Illman, Junaid Odubeko, and Steve Snyder for a discussion of areas that companies need to address before CPRA goes into effect...

Pre-Pandemic Chapter 13 Defaults Received CARES Act Modification Protection in the Middle District of Alabama
Bradley Arant Boult Cummings LLP, December 2020

In a notable decision interpreting the March 2020 Coronavirus Aid, Relief, and Economic Security (CARES) Act, the Bankruptcy Court for the Middle District of Alabama held that Chapter 13 debtors behind on their payments before March 2020 may seek modification of their plan if they suffered from COVID-19 related financial distress. In In re Fowler, No. 16-31791; In re Lewis, No. 19-32243, 2020 WL 6701366 (Bankr. M.D. Ala. Nov. 13, 2020), Bankruptcy Judge William R...

FHA Posts Proposed Rule Permitting Acceptance of Private Flood Insurance
Bradley Arant Boult Cummings LLP, November 2020

On November 23, 2020, the U.S. Department of Housing and Urban Development (HUD) published in the Federal Register a proposed amendment to Federal Housing Administration (FHA) regulations that would allow lenders to accept private flood insurance policies on FHA-insured properties located in Special Flood Hazard Areas...

OIG Takes Aim at Speaker Programs in Special Fraud Alert
Bradley Arant Boult Cummings LLP, November 2020

On November 16, 2020, the Office of Inspector General of the Department of Health and Human Services (OIG) issued a Special Fraud Alert addressing the fraud and abuse risks of speaker programs that are commonplace in the pharmaceutical and medical device industries...

FTC Sues to Block Methodist Le Bonheur-St. Francis Transaction
Bradley Arant Boult Cummings LLP, November 2020

On November 12, 2020, the Federal Trade Commission (FTC) sued to block the acquisition of two Memphis-area hospitals by Methodist Le Bonheur Healthcare. Eleven months earlier, on December 12, 2019, Methodist entered into an agreement with Dallas-based Tenet Healthcare Corporation to purchase Saint Francis-Memphis and St. Francis-Bartlett (along with their associated physician practices, urgent care centers, and other ancillary care providers) for $350 million...

Electronic Communications: CFPB Debt Collection Rule Working Session 3 Webinar Recording
Bradley Arant Boult Cummings LLP, November 2020

The debt collection restrictions and requirements in the FDCPA, which was enacted in 1977, have failed to keep up with or even contemplate modern technologies. In particular, as methods and forms of communication have evolved, the industry has had little guidance on how it can utilize newer communication channels such as emails, text messages, or social media. In many cases, the industry has had to grapple with different and often conflicting court interpretations...

States Enact Statutes that Protect Landlords from COVID-19 Premises Liability Claims
Bradley Arant Boult Cummings LLP, November 2020

A minority of states have enacted statutes and taken other action to protect business owners from claims by persons who allegedly were infected by COVID-19 on their premises.1 The purpose of this article is to compare these statutes and discuss some of the differences between them. This article addresses statutes in effect as of October 27, 2020. The article does not address pending legislation...

Free the Data! Opportunities and Risks Under the HHS Information Blocking Rule – A Presentation to the Nashville Health Care Council
Bradley Arant Boult Cummings LLP, November 2020

The HHS Office for the National Coordinator of Health Information Technology issued an interim final rule on October 29, 2020, extending the compliance date for the information blocking rule under the 21st Century Cures Act to April 5, 2021...

Inconvenient Time, Inconvenient Place, and Medium Restrictions: CFPB Debt Collection Rule Working Session 1 Webinar Recording
Bradley Arant Boult Cummings LLP, November 2020

The CFPB’s debt collection rule highlights the consumer’s ability to customize communication by designating specific times, places, and mediums of communication (e.g., email) as inconvenient. The consumer’s ability to customize communication will significantly impact debt collector’s communication strategies and could require substantial changes to a debt collector’s procedures and technologies...

 

 

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