205-967-8822 Contact

News & Insights

Finra Announces Initiative To Transform Registration Systems That Will Lead To Enhanced Efficiencies And Reduced Compliance Costs For Firms

Posted on

On June 14, 2018, FINRA announced details of a multi-phased effort to overhaul its registration and disclosure programs, including the Central Registration Depository (CRD). FINRA operates the CRD for the U.S. securities industry and its regulators and it provides the backbone of BrokerCheck. These changes are being made in response to feedback FINRA received through…
Read More

The Court Of Appeals Of Michigan Holds That An Architect Owed No Common Law Duty To Owner For Alleged Professional Negligence

Posted on

In Auburn Hills Tax Increment Finance Authority v. Haussman Construction Co., 2018 WL 385057 (Mich. Ct. App. January 11, 2018), the Michigan Court of Appeals held that the owner of a construction project could not maintain a professional negligence claim against the architect for failing to adequately review payment applications. The Auburn Hills Tax Increment…
Read More

Alabama Supreme Court Upholds Forum Selection Clause

Posted on

In Ex parte Consol. Pipe & Supply Co., Inc., No. 1170050, 2018 WL 3083719 (Ala. June 22, 2018), the Alabama Supreme Court overturned an order granting a motion to transfer venue based upon a valid forum-selection clause. The Court held that the doctrine of forum non conveniens cannot be used to frustrate an otherwise valid…
Read More

Fourth Circuit Weighs In On Clean Water Act’s Constructive Submission Doctrine

Posted on

In Ohio Valley Environmental Coalition (OVEC) v. Pruitt, 893 F.3d 225 (4th Cir. 2018), the Fourth Circuit Court of Civil Appeals rejected the District Court’s application of the “constructive submission” doctrine, which applies when a state disregards its obligations to submit Total Maximum Daily Loads (TMDLs) required by federal law.   Under this doctrine, a Court…
Read More

The Court Of Civil Appeals Confirms That An Evidentiary Hearing Must Be Conducted Before A Trial Judge Can Compel Medical Treatment

Posted on

In Ex parte Sears Roebuck and Co., 27 ALW 20-6 (2170632), 5/11/2018, the employee, Jeffrey Donaldson, (“Donaldson”), filed a Complaint for workers’ compensation benefits against his employer, Sears Roebuck and Co. (“Sears”) alleging that he suffered a compensable injury to his back while repairing an air-ventilation unit in 2016.  Donaldson received authorized treatment for his…
Read More

The Second Circuit Holds A Provision For Sealed Drawings Does Not Sufficiently Link The Owner And Design Professional For Purposes Of Contractual Privity Equivalence To Allow A Direct Suit By The Owner Against The Design Professional

Posted on

In Stapleton v. Barret Crane Design & Engineering, 2018 WL 985775, (2nd Cir. 2018), the United States Court of Appeals for the Second Circuit found that contractual privity, or its functional equivalent, did not exist between an owner and engineering firm retained by the design-builder, because there was no contract between the parties and the…
Read More

Supreme Court Affirms Validity Of Employment Agreements Containing Waivers For Class Or Collective Actions

Posted on

On May 21, 2018, in Epic Systems Corp. v. Lewis, the Supreme Court upheld the enforceability of arbitration agreements containing class and collective action waivers of wage and hour disputes.  In deciding the case, the majority held that the Federal Arbitration Act (“FAA”) mandates the enforcement of arbitration agreements and the right to pursue class…
Read More

Alabama Legislature Expands Scope Of Home Builders Licensure Board Act To Clarify Scope Of Licensure Requirement For Home Improvements And Now Governs All Residential Roofing Companies

Posted on

The Alabama legislature recently amended provisions of the Home Builders Licensure Board Act (the “HBLB Act”) to expand the scope of home building projects and companies required to comply with the HBLB Act.  The HBLB Act was originally enacted to protect individual homeowners when engaging a Construction company to either build a new home or…
Read More

Enhancements To Finra’s Disclosure Review Verification Process Permits Firms To Rely On Process For Compliance With Public Financial Records Searches Of Applicants And Registered Persons

Posted on

Beginning on July 9, 2018, FINRA is enhancing its disclosure review process to enable it to conduct a public records search of information relating to bankruptcies, judgments and liens, within fifteen calendar days from the date of an applicant’s Form U4. These enhancements will allow FINRA to verify the accuracy and completeness of an applicants’…
Read More

Court Reduces $50 Million Punitive Damages Award In Hog Farm Nuisance Case

Posted on

A federal judge in North Carolina has reduced a $50 million punitive damages award in a nuisance suit against a hog farm that stored the animal waste in open-air lagoons and sprayed it on nearby fields.  McKiver, et al. v. Murphy-Brown, LLC, 7:14-CV-180 (May 7, 2018, E.D.N.C.).  The Court relied on North Carolina’s law capping…
Read More

Contact

Let’s talk about what our firm can do for you.

Our locations in Birmingham and Pensacola are conveniently located for clients in the Southeast.

Get In Touch