We recently reported on an anticipated decision from the Fourth Circuit that could limit the scope of cyber insurance claims stemming from the disclosure of personal information in a data breach based on challenges to Article III standing. The case is Holmes v. Elephant Insurance Co., 2023 WL 4183380 (E.D. Va. June 26, 2023), appeal…
Read More
In Florida, a third-party bad-faith action may be pursued under the common law or the civil remedy statute, but a first-party bad-faith claim must be brought under the civil remedy statute. Macola v. Gov’t Emps. Ins. Co., 953 So. 2d 451, 457 (Fla. 2006). Some states, including Alabama, allow a claimant to file a bad-faith…
Read More
During the 2023 legislative session, the Alabama State Legislature passed Act #2023-477, significantly impacting architects, engineers, and other design professionals in the state. Introduced by State Senator Clyde Chambliss, this bill aims to protect clients who may not be familiar with professional liability insurance policies and their coverage. Signed into law on June 14, 2023,…
Read More
On April 12, 2024, the United States District Court for the District of Columbia issued a ruling revoking the State of Florida’s permitting authority under the Clean Water Act. In Center For Biological Diversity v. Regan, the district court granted partial summary judgment in favor of the environmental group plaintiffs, holding that Florida’s Department of…
Read More
In Luse Thermal Technologies, Inc. v. Graycor Industrial Contractors, Inc., 221 N.E.3d 701 (Ind. Ct. App. 2023), the Indiana Court of Appeals held a “no damages for delay” contractual clause barred a subcontractor from recovering damages when it accelerated its own work to account for delay caused by others. On May 17, 2018, BP entered…
Read More
The Securities and Exchange Commission (the “SEC”) has announced settled enforcement proceedings against audit firm BF Borgers CPA PC and its owner, Benjamin F. Borgers (together, “BF Borgers”), charging them with deliberate and systemic failures to comply with Public Company Accounting Oversight Board (“PCAOB”) standards in its audits and reviews of hundreds of public companies,…
Read More
Under the Fair Labor Standard Act (“FLSA”), overtime pay is one and one-half times an employee’s regular pay rate for every hour that is worked beyond the 40 hours in a workweek. Almost all hourly workers are automatically eligible for overtime pay; however, workers who are paid on a salary basis are only eligible for…
Read More
FINRA recently announced a six-month suspension penalty for a broker who utilized WhatsApp to communicate with firm customers about securities-related business. These communications included obtaining authorization to buy and sell stock, discussions about account performance, and discussions related to customer complaints. During its investigation, FINRA found the communications took place between November 2020 and January…
Read More
In J&H Grading & Paving, Inc. v Clayton Construction Company, Inc., 441 S.C. 272 (2023), the South Carolina Court of Appeals held that statutory language expressly prohibits parties from conditioning payment to the subcontractor upon the owner’s payment to the general contractor and makes any agreement to the contrary unenforceable. Clayton Construction Company, Inc. (“Clayton”),…
Read More
On April 23, 2024, the Federal Trade Commission (“FTC”) voted to adopt a new rule banning noncompete agreements. The rule prohibits employers from enforcing agreements to prevent employees from working for competitors or starting a competing business once their employment has ended. FTC’s new rule applies to any agreement containing a noncompete clause, defined as…
Read More
Our locations in Birmingham and Pensacola are conveniently located for clients in the Southeast.
Get In Touch