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Newsletters / Alerts

All Newsletters / Alerts

On July 1, 2014, a number of changes to Florida banking laws went into effect. Despite the Florida legislature’s stated desire to decrease regulation on businesses, a new law serves to greatly increase regulation on community banks with respect to loans-to-one-borrower limits.
8/8/2014
On June 23, 2014, a federal bankruptcy court in Nebraska issued an order in the chapter 11 bankruptcy cases of Biovance Technologies, Inc. and William Edward Julien that granted American National Bank’s (“ANB”) motion for summary judgment and overruling Biovance’s and Julien’s objections to ANB’s proofs of claim. The court’s opinion reminds creditors that payments from third parties on debts owed by a debtor do not have to be immediately credited against the amount of the debt.
7/18/2014
The Florida Information Protection Act of 2014 (the “Act”) became effective July 1, 2014 and replaced Florida’s previous data breach notification law. Under the Act, all Florida businesses must take “reasonable measures to protect and secure data in electronic form containing personal information.”
7/15/2014
In a 7-2 decision, the US Supreme Court in CTS Corporation v. Peter Waldurger et al, ___ S. Ct. ____, 2014 WL 2560466 (June 9, 2014) upheld a North Carolina law known as a statute of repose which had barred tort claims by property owners for damages against a manufacturer which had contaminated property which it subsequently sold more than twenty years prior to the lawsuit.
6/27/2014
The Patient Protection and Affordable Care Act will do many things to alter health care delivery in the United States. One thing it will not do, however, is significantly increase the supply of physicians. The new law calls for training a few hundred additional doctors each year – this is not enough to ease the projected shortage of 200,000 physicians within the next decade.
6/18/2014
Following in the footsteps of several other states including Arkansas, Colorado, Illinois, Maine, Nevada, New Jersey, New Mexico, Oregon, Utah, Washington, and Wisconsin, Louisiana recently enacted the Personal Online Account Privacy Protection Act. The Act, effective immediately, prohibits employers from requesting or requiring access to the personal online accounts of applicants or employees.
6/13/2014
The Alabama Supreme Court reversed itself and concluded that faulty workmanship can constitute an “occurrence” under a commercial general liability insurance policy which triggers coverage for the insured. In a prior decision, in the very same case, the Supreme Court had reached the opposite conclusion.
6/9/2014
Section 11 (C) of the Occupational Safety and Health Act (OSH Act) states "no person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this Act."
6/9/2014
Once again, the number of new federal wage and hour lawsuits increased in the last year. That’s not a surprise to many of you, as you see the advertisements, daily media reports about overtime and minimum wage issues, proposed government regulations, or maybe you have personal experience responding to a Department of Labor investigation or lawsuit.
5/23/2014
Sadly, the recent mass shooting by a disgruntled employee at a FedEx sorting facility in Georgia reminded the U.S. of the disturbing fact that the number of public shootings has been on the rise over the past several years. As with the FedEx tragedy, some of those public shootings have involved disgruntled employees violently attacking co-workers in the workplace.
5/16/2014