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“To Shield Thee From Diseases of the World”: The Past, Present, and Possible Future of Immunization Policy
Bradley Arant Boult Cummings LLP, February 2020

Introduction The World Health Organization named “vaccine hesitancy” as one of the top global health threats in 2019. In the United States, widespread utilization of non-medical exemptions to mandatory vaccination laws has led to statistically significant outbreaks of measles and other vaccine-preventable illnesses, and many headlines forecast that if vaccination exemptions continue the trajectory they are on, this country may well face a public health emergency...

10 Legal Considerations When Starting a Hemp Business in Alabama
Bradley Arant Boult Cummings LLP, October 2020

So, you want to start a hemp company in Alabama. You have your big idea and a business plan ready, but you begin to wonder whether you should be thinking about any legal issues as you get your company off the ground. That’s where we come in. Bradley’s Cannabis Industry team has a deep understanding of the many unique legal and business issues that impact hemp companies in Alabama and beyond...

3 Cannabis Legislation Predictions Ahead of the 2020 Election
Bradley Arant Boult Cummings LLP, July 2020

The glacial pace at which the federal government has implemented cannabis policy–particularly in light of the rapid evolution of cannabis laws at the state level–is at the same time predictable and frustrating to those seeking a measure of certainty...

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...

A Business Bankruptcy Overview: How Subchapter V, the CARES Act and the Consolidated Appropriations Act Have Expanded Relief for Businesses and Business Owners in Bankruptcy
Bradley Arant Boult Cummings LLP, March 2021

In February 2020, just prior to the COVID-19 outbreak, the Small Business Reorganization Act of 2019 (Subchapter V) took effect.[1] Subchapter V amends Chapter 11 of the Bankruptcy Code to allow certain individuals and businesses with debts of less than $2,725,625 to file a streamlined Chapter 11 case with the goal to make small business bankruptcies faster and cheaper...

A Gov't Contractor's Guide to Excusable, Compensable Delays
Bradley Arant Boult Cummings LLP, April 2020

With the recent and rapid spread of COVID-19 in the U.S., government contractors have already started experiencing contract performance delays, which inevitably will have a significant financial impact...

A History of Risk-Aversion in Legal
Bradley Arant Boult Cummings LLP, May 2021

Listen to the podcast:                                                                                                                                      

A Refresher For Govt Contractors On Bid Protest Intervention
Bradley Arant Boult Cummings LLP, October 2020

As a result of increased government spending at the end of the government's fiscal year — the 12-month period beginning on Oct. 1 and ending on Sept. 30 — the number of bid protest filings peaks in October. Accordingly, government contractors should be particularly mindful this time of year of their rights with respect to intervening in bid protests both at the U.S. Government Accountability Office and the U.S. Court of Federal Claims...

Afghanistan Withdrawal: The Government Contractor’s Guide to Terminations for Convenience
Bradley Arant Boult Cummings LLP, September 2021

[!<CDATA[ With the United States’ recent withdrawal from Afghanistan, it is only a matter of time before the government begins terminating certain federal contracts for the convenience of the government. Accordingly, government contractors need to know their rights and obligations so that they can be best positioned if one or more of their contracts are terminated. This article provides a user-friendly guide for government contractors on these important rights and obligations...

Alabama Law and Practice
Bradley Arant Boult Cummings LLP, October 2020

The US Regional Employment 2020 features 14 states. The guide provides expert legal commentary on the impact of COVID-19 on the workplace, the "Black Lives Matter" and "Me Too" movements, unions, the National Labor Relations Board, the interviewing process, restrictive covenants, discrimination and harassment, and whistle-blower claims. Bradley attorneys authored the Alabama and Tennessee chapters of the US Regional Employment 2020 featured below...

Alabama on the Brink of Adopting Medical Cannabis
Bradley Arant Boult Cummings LLP, January 2021

When Alabama’s Legislature convenes for its annual session on February 2, lawmakers will once again be asked to consider a bill that would provide certain Alabamians with access to medical cannabis...

Alert to Product Liability Defense Counsel: United States Supreme Court Set to Again Address Specific Personal Jurisdiction
Bradley Arant Boult Cummings LLP, July 2020

Companies subject to product liability lawsuits – and their counsel – know the importance of promptly examining whether the company is subject to general personal jurisdiction or specific personal jurisdiction of the forum court. A court with general personal jurisdiction over a defendant can hear any and all claims against that defendant. After the United States Supreme Court’s decisions in Daimler AG v. Bauman, 134 S. Ct 746 (2014) and BSNF Railway Co. v...

All Black Lives Matter
Bradley Arant Boult Cummings LLP, September 2020

Black Lives Matter. The lives of Black men matter. The lives of Black women matter. The lives of Black children matter. And the lives of a group that gets less attention in the national conversation also matter—the lives of Black Queer people matter. (I recognize that some may view the term “Queer” as pejorative, but I use that term here intentionally, as many in the Queer Community do, to embrace all who fall within the LGBTQ+ Community)...

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...

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...

An American Healthcare Lawyer’s Perspective on the Emergence of COVID-19
Bradley Arant Boult Cummings LLP, March 2020

We knew this year was going to be an especially bad one for the flu. In its November 2019 issue, Scientific American, one of the country's leading science publications, included a twenty-page article titled "The Influenza Outlook", which highlighted the escalating threat of influenza for the year 2020. Unfortunately, at present, the emergence and spread of the novel coronavirus makes the flu pale by comparison...

An In Depth Analysis of CFPB’s Small Dollar Final Rule and Its Impact on Bank and Non-Bank Lenders Webinar Recording
Bradley Arant Boult Cummings LLP, July 2020

On July 7, 2020, the Consumer Financial Protection Bureau (CFPB) issued its final rule, the 2017 Payday, Vehicle Title, and Certain High-Cost Installment Loans Rule (Small Dollar Rule), which rescinded the ability to repay and underwriting provisions. The final rule does not, however, rescind or alter the payment provisions in the Small Dollar Rule, and the CFPB indicated that it would be moving forward with those provisions...

An Update on the State Tax Treatment of LLCs and LLPs
Bradley Arant Boult Cummings LLP, February 2021

The owners of multistate businesses must consider many factors when deciding how to structure their business ventures, and state taxation should not be overlooked. The accompanying tables can assist in that evaluation for limited liability companies and limited liability partnerships. In recent years, LLCs and, to a lesser extent, limited partnerships and LLPs have become the popular choice for structuring or restructuring multistate business entities...

Arbitration Expectations: Understanding the Process of Resolving a Dispute
Bradley Arant Boult Cummings LLP, June 2020

Arbitration is one of the preferred mechanisms of dispute resolution in the construction industry. Understanding how an arbitration will unfold is useful in managing a dispute. Most domestic construction disputes are referred to arbitration through, and according to the rules, of the American Arbitration Association (AAA), but other organizations that follow different rules and processes do exist. For AAA arbitrations, the following steps provide a rough outline of a typical proceeding...

Assumptions Will Make a Fool out of You and the Reasonableness of your Delay-Related Costs Claim
Bradley Arant Boult Cummings LLP, September 2021

[!<CDATA[ In one of its recent opinions, Kellogg Brown & Root Services, Inc. v. Sec’y of the Army, the Federal Circuit issued new guidance on what contractors must show to prove the reasonableness of costs incurred following an (alleged) government-caused delay. The U.S. Army (the “Army”) and Kellogg Brown & Root Services, Inc. (“KBR”) contracted for KBR to deliver thousands of trailers to Iraq by an agreed-upon deadline...

Attention, Georgia: Update to Lien Waivers Coming Soon
Bradley Arant Boult Cummings LLP, December 2020

An important update to Georgia’s statutory lien waiver laws will take effect on January 1, 2021. This summer, Georgia enacted an amendment to O.C.G.A. § 44-14-366 (the Lien Waiver Statute), that alters the form for interim and final lien waivers. The new statute makes it clear that lien waivers only waive lien or bond rights against the property and do not waive the right to file a lawsuit for non-payment or other related claims...

Attorney Spotlight: Alé Dalton
Bradley Arant Boult Cummings LLP, October 2021

In which office are you located? Nashville Tell us a little about your practice. I work with clients that operate in the healthcare space or that are healthcare adjacent. My work primarily centers on providing guidance during mergers and acquisitions, as well as guiding clients through issues that arise from the complex nature of operating in a highly regulated industry. I also advise clients in matters involving clinical research and telemedicine...

Attorney Spotlight: Gabriel Rincón
Bradley Arant Boult Cummings LLP, October 2021

[!<CDATA[ In which office are you located?  Houston, Texas Tell us a little about your practice. As an associate in the construction litigation practice group, I primarily handle commercial and residential construction disputes. The issues in my cases generally involve construction defects, contracts, lien foreclosures, negligence, breach of fiduciary duty, fraud, insurance defense, and DTPA matters...

Attorney Spotlight: Gabriella Alonso
Bradley Arant Boult Cummings LLP, October 2021

[!<CDATA[ In which office are you located? Houston Tell us a little about your practice. I primarily handle banking and financial services litigation matters here at the firm, although I jump on regulatory compliance matters when the opportunity presents itself. Our practice group focuses on state and federal laws and regulations governing financial institutions like lenders, servicers, credit furnishers, and the like...

Bankruptcy Basics: What Every Business Department Should Know
Bradley Arant Boult Cummings LLP, April 2020

When a client or customer files for bankruptcy, a business’ treatment of that customer’s account must change. Many businesses have dedicated bankruptcy departments or teams that deal with these accounts. However, it can take a while before the account is flagged or transferred to the bankruptcy team. Further, some smaller business bankruptcy teams are comprised of other department employees just wearing a “bankruptcy hat” when working on those accounts...

 

 

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