Keith S. Anderson

Keith Anderson is a litigation and labor & employment partner and concentrates his practice on representing financial institutions in the financial services industry, as well as representing employers in employment matters. He has handled multiple litigated matters under the FLSA, ADA, ADEA, FMLA and claims of discrimination and retaliation, as well as counseling employers on compliance and effective employment policies. View articles by Keith

Firm/Organization: Bradley Arant Boult Cummings LLP

Blogs: Financial Services Perspectives, Labor & Employment Insights

Latest Articles

Financial Services Perspectives

Student Loans in Bankruptcy: What’s on the Horizon?

By Keith S. Anderson, Alexandra Dugan, Christopher L. Hawkins & Erin Malone-Smolla on June 19, 2019

Federal law has long excepted student loans from discharge in bankruptcy in all but the rarest instances, recognizing the problems (and costs) associated with allowing borrowers to wipe out defaulted debts through a bankruptcy filing. However, as the issues of access to college and affordability become frequent topics in political discourse, new ideas for radical changes to the treatment of student loan debt in bankruptcy have been proposed. Lenders and servicers need to be up…

Financial Services Perspectives

The Conundrum of Credit Reporting In and After Bankruptcy: Help May Be on the Way

By Keith S. Anderson & Andrew J. Narod on May 30, 2019

Creditors and credit furnishers often find properly reporting a payment status to Credit Reporting Agencies (CRAs) during, and after, bankruptcy a challenge. The recent Report of the American Bankruptcy Institute on Consumer Bankruptcy recognizes those challenges, and looks to convene a forum to provide better guidance and clarity as to proper credit reporting once a borrower goes into bankruptcy. Challenges What constitutes proper credit reporting with an account that is in, or after, bankruptcy is…

Labor & Employment Insights

Bag the Gag Provision: New Jersey Is the Latest State to Restrict Non-disclosure Agreements in Settlements

By Keith S. Anderson on May 14, 2019

You finally settled that tough discrimination or harassment claim. Now you just need to ink the settlement agreement, and obviously it will include a standard non-disclosure clause to prevent your claimant from ever talking about the events or settlement amount ever again – right? Well, depending on the state you are in, not so fast. The #MeToo movement and attention on non-disclosure agreements in the wake of the President Trump-Stormy Daniels story, has led several…

Financial Services Perspectives

Student Loan Servicers’ Fight over Federal Preemption of State Regulation May End Up in the Supreme Court

By Grant A. Premo & Keith S. Anderson on April 15, 2019

In courts across the country, servicers are facing off against states and borrowers over the extent to which federal laws preempt state regulation of federal student loan servicers. Numerous states have stepped up their enforcement activity against student loan servicers and begun enacting new laws aimed at regulating student loan servicing, partially in response to what the states view as a slowdown in federal oversight. Some servicers of federal student loans, pushing back against the…

Labor & Employment Insights

Take Two: Alabama’s City Versus State Minimum Wage Dispute to Get Full Appellate Review

By Keith S. Anderson on February 12, 2019

Minimum wage laws invite controversy, and Alabama’s latest tug-of-war between the state and its largest city is going to get another wider review. You may recall that back in 2015, Birmingham, Alabama, passed a local minimum wage law. On the heels of that move, the Alabama Legislature then passed a state-wide minimum wage law, preempting local city laws. In response to the state’s new law, some Birmingham citizens, along with the NAACP, contended that…

Financial Services Perspectives

California Expands Protections for Military Servicemembers with Student Loans

By Keith S. Anderson on January 24, 2019

With the start of the new year, California has expanded protections for military servicemembers with student loans. Student loans incurred by a protected servicember before entry into service have an interest rate cap of 6 percent during the period of service plus one year thereafter. Additionally, student borrowers can obtain a deferment on their payment obligations for 180 days or the period of active duty plus 60 days. California’s law AB-3212 amends the California Military…

Labor & Employment Insights

You Don’t Get a Bite at the Big Dog: Texas Court Rules that Injured Worker Cannot Depose Company CEO

By Keith S. Anderson on October 18, 2018

What if your employee plaintiff sues you and then demands to take the deposition of your company CEO or some other high-level corporate executive who has no personal knowledge about the facts of the case? No one would be excited about that prospect. Fortunately, a Texas appellate court recently ruled that high-level executives can be put off-limits for deposition unless they have particular, personal knowledge of the events in question. The decision, In re Newport …

Financial Services Perspectives

Administration Seeks to Up the Bar for Student Loan Forgiveness Based on Fraud

By Keith S. Anderson on July 30, 2018

The Trump administration is looking to stiffen the criteria for borrowers to obtain forgiveness of their student loans based on fraud. If enacted, this higher criteria would mark a significant shift for students who seek forgiveness under the established borrower defense claim. According to Secretary of Education Betsy DeVos, the Department of Education’s “commitment and our focus has been and remains on protecting students from fraud. The regulations proposed today accomplish that by laying out…

Labor & Employment Insights

Combining Classrooms and Class Actions: Trump Proposes Combining Labor and Education Departments

By Keith S. Anderson on July 10, 2018

Could the Department of Labor (DOL) and Department of Education (DOE) possibly merge in the near future? President Trump thinks so and recently announced his desire to combine the two departments into a single federal agency to be called the Department of Education and the Workforce. According to a White House Statement, the new agency would be “charged with meeting the needs of American students and workers from education and skill development to workplace protection…

Labor & Employment Insights

Cooperate or Pay: Recovering Attorneys’ Fees to Get to Arbitration

By Keith S. Anderson on May 30, 2018

Does your arbitration agreement allow you to recover attorneys’ fees if the employee rebels against arbitration and you have to compel it? Maybe it should. In Aralar v. Scott McRea Automotive Group, a court in Florida recently affirmed an arbitrator’s award of nearly $20,000 in attorney’s fees for the defendant’s hassle of moving for arbitration. Employers with arbitration agreements should be encouraged that the fees incurred for moving for arbitration (when it should be…

Keith S. Anderson

Student Loans in Bankruptcy: What’s on the Horizon?

The Conundrum of Credit Reporting In and After Bankruptcy: Help May Be on the Way

Bag the Gag Provision: New Jersey Is the Latest State to Restrict Non-disclosure Agreements in Settlements

Student Loan Servicers’ Fight over Federal Preemption of State Regulation May End Up in the Supreme Court

Take Two: Alabama’s City Versus State Minimum Wage Dispute to Get Full Appellate Review

California Expands Protections for Military Servicemembers with Student Loans

You Don’t Get a Bite at the Big Dog: Texas Court Rules that Injured Worker Cannot Depose Company CEO

Administration Seeks to Up the Bar for Student Loan Forgiveness Based on Fraud

Combining Classrooms and Class Actions: Trump Proposes Combining Labor and Education Departments

Cooperate or Pay: Recovering Attorneys’ Fees to Get to Arbitration

Company

Support

New to the Network