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  • Article

    CFPB Files Suit Against Payment Processor For Its Customers' Alleged Scams

    On March 3, 2021, the CFPB filed a lawsuit in the U.S. District Court for the Northern District of Illinois against BrightSpeed Solutions, Inc., a third-party payment processor, and Kevin Howard, BrightSpeed's founder and former chief executive officer.
    United StatesFinance and Banking
    Bradley
    Bradley
  • Article

    The Unrecognized Sole-Source Requirement: A Lesson In Failing To Understand The Specifications

    The CBCA denied a contractor's claims for defective specifications when the performance specification at issue created a sole-source requirement.
    United StatesGovernment, Public Sector
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Facilitating Ransomware Payments Entails Sanctions Risks, OFAC Warns

    The Treasury Department's Office of Foreign Assets Control (OFAC) issued an advisory on October 1, 2020, warning companies that engage with the victims of ransomware attacks that they run the risk of violating U.S. sanctions by facilitating ransomware payments.
    United StatesIntellectual Property
    Bradley
    Bradley
  • Article

    Finding The Earliest And Least Expensive Exit From Financial Services Class Actions

    Your strategy in defending any class action, or any set of class actions, should be custom-made for that particular litigation, informed by a careful study of all available early strategy choices and potential end games.
    United StatesLitigation, Mediation & Arbitration
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Illinois Legislature Passes Bill To Allow Punitive Damages In Wrongful Death Lawsuits

    Illinois House Bill 219 has passed both houses of the Illinois legislature and has been sent to Governor Pritzker for signature.
    United StatesLitigation, Mediation & Arbitration
    Maron Marvel Bradley Anderson & Tardy
    Maron Marvel Bradley Anderson & Tardy
  • Article

    Supreme Court Makes Clear That CAFA Removal Is Not Defeated By Plaintiffs' Amount-In-Controversy Stipulations

    A unanimous United States Supreme Court has now ruled that self-appointed would-be class representatives cannot defeat Class Action Fairness Act removal by simply purporting to limit the damage claims of class members to less than $5 million in the aggregate in the complaint or other precertification filings.
    United StatesLitigation, Mediation & Arbitration
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    It Is Critical To Understand The Applicable Lien Law

    A Louisiana Appellate Court affirmed that a supplier on a public works project must provide notice of nonpayment for each month to preserve its lien claim.
    United StatesReal Estate and Construction
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Alabama Department Of Revenue Offers New Online Sales Tax Tool For Retailers

    After several months’ wait and efforts to deal with pesky tax and geographical issues involving the police jurisdictions that surround most Alabama municipalities, the Alabama Department of Revenue last Friday posted a very helpful online sales tax rate look-up database for retailers.
    United StatesTax
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Governor Announces Pocket Veto Of Taxpayers’ Bill Of Rights II Legislation

    During a conference call held Thursday afternoon with the lead House and Senate sponsors of the Alabama Taxpayers’ Bill of Rights II legislation, SB 549
    United StatesTax
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Possible Impact On Alabama Taxpayers: Michigan Supreme Court Rules That IBM Entitled To Use Multistate Tax Compact Election

    The Michigan Supreme Court ruled that IBM was entitled to apportion its business income using the Multistate Tax Compact’s Article III election.
    United StatesTax
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Tax Tribunal Issues First Ruling Regarding Scope Of Authority Of Tax Tribunal Judge

    In a case of first impression for the newly-established Alabama Tax Tribunal, the Alabama Department of Revenue challenged the Tribunal's ability to decide a question of law...
    United StatesTax
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Fifth Circuit Affirms The Constitutionality Of Mississippi's Noneconomic Damages Cap

    The Fifth Circuit Court of Appeals has affirmed the constitutionality of Mississippi's statutory cap on noneconomic damages.
    United StatesLitigation, Mediation & Arbitration
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Final Clean Water Act Rule Goes Into Effect

    Farmers, property developers, and oil and gas producers contend that the new rule will stifle economic growth and intrude on the rights of businesses and property owners.
    United StatesEnvironment
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    General Contractor Assessed Significant Delay Damages Following Termination For Convenience

    Perhaps the most common advice that Bradley Arant provides to clients is the need for an extensive review and understanding of the proposed terms of the contract (preferably by legal counsel) prior to signing.
    United StatesGovernment, Public Sector
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Green-Eyeshades Not Needed: Contractor Awarded Partial Fees In Partial Victory

    We previously reported on the dispute between AECOM and Exxon over work performed at Exxon’s refinery in Montana.
    United StatesReal Estate and Construction
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Tennessee Court Of Appeals Rejects Dormant Commerce Clause Challenge To Cable Exemption In DIRECTV, Inc. v. Roberts

    This ruling reverses the trial court's decision, which had concluded that the exemption was unconstitutional.
    United StatesTax
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    In The Strangest Year Ever, We're Very Thankful And Wish You A Happy Thanksgiving

    As everyone steps away from their (home) office to celebrate Thanksgiving, we wanted to count our blessings as we review this truly remarkable and unusual year.
    United StatesFinance and Banking
    Bradley
    Bradley
  • Article

    Mechanic's Liens (AL): A Practical Guidance Note

    Alabama mechanics' lien law provides a statutory payment-security remedy that can encumber property title and be enforced through foreclosure. This comprehensive overview examines who may assert lien rights...
    United StatesReal Estate and Construction
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Annual Report Filing Deadline In Mississippi

    While the annual filing requirement itself is not new, what is new is the manner in which the filing must be made.
    United StatesCorporate/Commercial Law
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP
  • Article

    Holding Subcontractors To Their Bid: The Doctrine Of Promissory Estoppel

    Most legally enforceable contracts are formed the old-fashioned way: offer and acceptance. Courts will sometimes enforce promises without traditional offer and acceptance where one party has justifiably...
    United StatesCorporate/Commercial Law
    Bradley Arant Boult Cummings LLP
    Bradley Arant Boult Cummings LLP

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