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Supreme Court Of Alabama Finds That An Arbitrator Has Power To Determine Location Of Arbitration Proceeding Between Contractors From Different States

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In Alliance Investment Company, LLC v. Omni Construction Company, Inc., the Alabama Supreme Court was faced with analyzing who has the power to determine the location of an arbitration proceeding –the arbitrator or the Madison Circuit Court. 2019 WL 1219416 (Ala. 2019). In 2015, KPS, LLC (“Kroger”) entered into a contract (the “prime contract”) with…
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Finra Issues Guidance On Communications With Customers Regarding Departing Registered Representatives

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FINRA recently issued Regulatory Notice 19-10 presenting FINRA’s policy and guidance on how broker dealer firms should guarantee all communications with customers be fair, balanced, and not misleading, as required by FINRA Rule 2210, in the event of a registered representative’s departure. The Notice states that when faced with the departure of a representative, firms…
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The Alabama Court Of Civil Appeals Reverses Pain Management Order By Trial Court

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In Ex parte Trusswalk, Inc., No. 2180266, 2019 WL 1415997 (Ala. Civ. App.), the Alabama Court of Civil Appeals reviewed a trial court’s order directing an employer to provide pain management treatment for a workers’ compensation claimant. In Trusswalk, an employee filed a lawsuit against his employer alleging a lower back injury resulting from a…
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John C. Webb And Devon K. Rankin Present At The IASIU-Alabama Chapter March Meeting

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John Webb and Devon Rankin recently presented at the International Association of Special Investigation Units-Alabama Chapter’s (“IASIU”) March Training event in Birmingham, Alabama. John and Devon provided an overview of the mechanism investigators can use to obtain an insured’s cell phone records, including detailed cell cite locations, during their investigations. The discussion included common pitfalls…
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Finra Extends Deadline For Broker Dealers To Self Report 529 Savings Plan Violations As Part Of New Initiative

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FINRA recently announced a self-reporting initiative to promptly compensate harmed investors and promote firms’ compliance with the rules governing the recommendation of 529 savings plans.  529 plans are tax-advantaged plans that are designed to encourage saving for the future educational expenses of a designated beneficiary, and shares are commonly sold in different classes, with fees…
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Eleventh Circuit Clarifies Comparator Standard In Title Vii Cases

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On March 21, 2019, the full en banc U.S. Court of Appeals for the Eleventh Circuit clarified that in order to establish a prima facie case of workplace discrimination through alleged preferential treatment of a comparator outside of the plaintiff’s protected class, a plaintiff must show that the alleged comparator is “similarly situated in all…
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United States Supreme Court Grants Certiorari In Ninth Circuit Cwa Case

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The United States Supreme Court has granted certiorari in County of Maui, HI v. Hawaii Wildlife Fund, et al., No. 18-260, a Ninth Circuit case, as to the question of whether the Clean Water Act (“CWA”) requires a permit when pollutants originate from a point source discharge, but are conveyed to navigable waters by a…
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