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Consumer Finance Litigation Blog

DOL Fiduciary Rule Re-Makes Retail IRA Advice
by: Thomas Potter, III | Posted on: May 25, 2016

Congress voted this week to de-rail the Department of Labor’s sweeping fiduciary-duty suite of rule-making, but doesn’t have the votes to override the President’s threatened veto. The Rule (over a 1,000 pages in all) imposes a sweeping definition of who owes fiduciary duties to retirement investors in retail IRA, HSA, Roth, Coverdell and other “qualified […]

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Securities Litigation

DOL Fiduciary Rule Re-Makes Retail IRA Advice
by: Thomas Potter, III | Posted on: May 25, 2016

Congress voted this week to de-rail the Department of Labor’s sweeping fiduciary-duty suite of rule-making, but doesn’t have the votes to override the President’s threatened veto. The Rule (over a 1,000 pages in all) imposes a sweeping definition of who owes fiduciary duties to retirement investors in retail IRA, HSA, Roth, Coverdell and other “qualified […]

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Tennessee Business Litigation Blog

Tennessee’s Data-Breach Notice Requirements Among the Nation’s Toughest
by: John Nefflen | Posted on: May 19, 2016

On July 1, 2016, Tennessee’s new notice requirements for breaches of data security systems which compromise an individual’s personal information will take effect. The amendments to Tennessee’s current rules, found at T.C.A. sec. 47-18-2107, expand the type of breaches which must be reported, and establish a deadline for when notice to affected individuals must be […]

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Telephone Consumer Protection Act

Supreme Court Rules in Spokeo, Requiring “Concrete and Particularized Harm” For Standing
by: Joshua Threadcraft | Posted on: May 17, 2016

Spokeo, Inc. v. Robins, No. 13-1339 (May 16, 2016) In a 6-2 decision authored by Justice Samuel Alito, the United States Supreme Court spoke on the issue of standing when statutory violations are alleged, and its opinion could have profound effects on TCPA litigation. Holding that Article III standing requires a concrete injury even in [...]

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Environmental Law Matters

Coal: Hope in the Face of Pressure?
by: Ron Farley | Posted on: May 2, 2016

The coal industry has experienced substantial economic turmoil over the recent past, including bankruptcies – most recently by Peabody Energy Corporation – but also by Arch Coal, Inc., Walter Energy, Inc., and Patriot Coal Corp. Generally, the industry and associated users of coal, have attributed these problems to the designated “War on Coal,” the fashionable […]

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Noncompete Trade Secrets Law

Better Think Twice About Enforcing A Non-Compete
by: John Paul Nefflen | Posted on: February 26, 2016

Over the last couple of years, there has been an increase in employees striking back against employers trying to enforce non-compete agreements.  In those cases, the employee argues that his former employer has interfered with his new job or business relationships. For example, an employee in Rutherford County, Tennessee sued his former employer for getting […]

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Best Practices Construction Law

Who Assumes the Risk of Material Cost Increases? As Always, It Depends!
by: Matthew DeVries | Posted on: May 20, 2016

When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party most appropriate to handle it.  In other words, you are negotiating about who takes… Continue Reading

HONORS & ACCOLADES

  • Alabama Super Lawyers "Rising Star", Employment & Labor (2010, 2012-2015)
  • University of Alabama Morris Mayer Award
  • Georgia Super Lawyers - Rising Stars Edition in Atlanta magazine since 2007
  • BTI Client Service All-Stars List, 2016
  • "Lawyer of the Year" in Admiralty and Maritime 2013, Best Lawyers