Balch & Bingham LLP

Balch & Bingham LLP is a corporate law firm with more than 230 attorneys across offices in Birmingham and Montgomery, Alabama; Jacksonville, Florida; Atlanta, Georgia; Gulfport and Jackson, Mississippi; and Washington, D.C. We are recognized for our deep experience serving clients in regulated industries, including energy, financial services and healthcare, and our established practices in business, environmental, government relations, labor and employment and litigation.

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Latest from Balch & Bingham LLP

Data Privacy & Security Observer

California Attorney General Submits Final Proposed CCPA Regulations

By Brandon Robinson

June 5, 2020

On June 1, 2020, California Attorney General Xavier Becerra submitted a finalized package of CCPA regulations to the California Office of Administrative Law (OAL). The package included not only the final text of the regulations, but also the final statement of reasons for amendments to the previous drafts. There have been multiple rounds of drafts of the regulations, along with corresponding comment periods and workshops. The first comment period received over 1,700 comments, leading to…

Data Privacy & Security Observer

Apple and Google Launch Contact Tracing and Coronavirus Exposure API Software

By Brandon Robinson

May 21, 2020

Details about Apple/Google Launch Yesterday (May 20, 2020), Apple and Google launched software that will allow public health authorities to create mobile applications that notify people when they may have come in contact with people who have confirmed cases of COVID-19, while purportedly preserving privacy around identifying information and location data. People who have updated their phones with the latest software will be able to share their Bluetooth signal, logging when the radio recognizes other…

Data Privacy & Security Observer

House and Senate Democrats Introduce Public Health Emergency Privacy Act

By Brandon Robinson

May 14, 2020

Today, Senators Blumenthal (D-CT) and Mark Warner (D-VA) introduced the Public Health Emergency Privacy Act (“PHEPA”) into the Senate. A companion house bill was introduced by Reps. Anna Eshoo (D-CA), Jan Schakowsky (D-IL), and Suzan DelBene (D-WA), which was co-sponsored by Reps. Yvette Clarke (D-NY), G.K. Butterfield (D-NY), and Tony Cárdenas (D-CA). This and similar legislation has been introduced in the last week as health agencies and technology companies nationwide are developing contact tracing and…

Southeast Financial Litigation Monitor

A personal guarantor who does not have an interest in the property secured by the debt lacks standing to assert wrongful foreclosure.

By Gregory C. Cook & Ginny Willcox Leavens

May 13, 2020

In In Re: Bay Circle Properties, LLC., No. 1812536, 2020 WL 1696303 (Ala. April 8, 2020), the Eleventh Circuit dismissed an appeal by a guarantor alleging a wrongful foreclosure, because the guarantor did not own the foreclosed property and therefore lacked Article III standing. Here are the facts: Debtor owed for two loans, both secured by real property. Debtor then declared bankruptcy. Guarantor (an affiliate of debtor) had also guaranteed both loans. Creditor then…

Data Privacy & Security Observer

U.S. House of Representatives Introduces Contact Tracing Resolution and Grant Appropriation

By Brandon Robinson

May 12, 2020

On May 1, 2020, the U.S. House of Representatives introduced House Resolution 6666, the COVID-19 Testing, Reaching, And Contacting Everyone (“TRACE”) Act. The resolution, sponsored by Bobby Rush (D-IL) would authorize the Secretary of Health and Human Services to award grants to eligible entities to conduct diagnostic testing for COVID-19 to trace and monitor the contacts of infected individuals and to support the quarantine and testing of such contacts. The resolution contemplates such activities occurring…

Data Privacy & Security Observer

U.S. Senate Introduces COVID-19 Consumer Data Protection Act

By Brandon Robinson

May 11, 2020

united-states-capitol-with-senate-chamber-under-blue-sky-picture-id182727706 (1)

As they had previously announced their intent to do so, the leadership of several Senate Committees introduced the “COVID-19 Consumer Data Protection Act” on May 7, 2020. The Act would: Require companies under FTC jurisdiction to obtain affirmative express consent from individuals to collect, process, or transfer their personal health, device, geolocation, or proximity information for the purposes of tracking the spread of COVID-19 (e.g., contact tracing). Direct companies to disclose at the point of…

Southeast Financial Litigation Monitor

Second Wave of CARES Act Litigation Filed Against Banks; Accounting Firms Seek “Agent Fees” for Preparing PPP Loan Applications.

By Tyler P. Bishop & Gregory C. Cook

May 10, 2020

At least two class actions filed in the wake of the COVID-19 pandemic by disgruntled accounting firms allege some of the nation’s largest banks never paid “agent fees” to entities assisting small businesses apply for Paycheck Protection Program (“PPP”) loans under the federal Coronavirus Aid, Relief, and Economic Security (“CARES”) Act – and never intended to. These lawsuits allege plaintiffs represent a class of financial services and accounting firms that prepared PPP applications on behalf…

Data Privacy & Security Observer

“CCPA 2.0” Amendments Qualify for November 2020 Ballot

By Brandon Robinson

May 4, 2020

On May 4, the Californians for Consumer Privacy (led by Alistair McTaggart, the real estate investor and activist behind the original ballot initiative that led to the CCPA), announced in a letter that it had collected over 900,000 signatures to qualify the California Privacy Rights Act (“CPRA”) for the November 2020 ballot. This version of the CPRA, commonly referred to as “CCPA 2.0”, would amend the CCPA to create new and additional privacy rights and…

Data Privacy & Security Observer

U.S. Senate Announces Introduction of COVID-19 Consumer Data Protection Act

By Brandon Robinson

May 4, 2020

On April 30, 2020, U.S. Sens. Roger Wicker (R-MS), chairman of the Senate Committee on Commerce, Science, and Transportation, John Thune (R-SD) chairman of the Subcommittee on Communications, Technology, Innovation, and the Internet, Jerry Moran (R-KS), chairman of the Subcommittee on Consumer Protection, Product Safety, Insurance and Data Security, and Marsha Blackburn (R-TN), announced plans to introduce the COVID-19 Consumer Data Protection Act. The legislation would provide all Americans with more transparency, choice, and control…

Data Privacy & Security Observer

White House Issues Executive Order Restricting Foreign Equipment in Bulk Power System

By Brandon Robinson

May 4, 2020

Last Friday, May 1, the White House signed an executive order prohibiting Federal Agencies and U.S. persons from acquiring, importing, transferring, or installing any bulk power system (“BPS”) equipment in which: the transaction involves bulk-power system electric equipment designed, developed, manufactured, or supplied, by persons owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary; and the Secretary of Energy determines the transaction: poses an undue risk of sabotage to…

Balch & Bingham LLP

Balch & Bingham LLP Blogs

Blog Authors

California Attorney General Submits Final Proposed CCPA Regulations

Apple and Google Launch Contact Tracing and Coronavirus Exposure API Software

House and Senate Democrats Introduce Public Health Emergency Privacy Act

A personal guarantor who does not have an interest in the property secured by the debt lacks standing to assert wrongful foreclosure.

U.S. House of Representatives Introduces Contact Tracing Resolution and Grant Appropriation

U.S. Senate Introduces COVID-19 Consumer Data Protection Act

Second Wave of CARES Act Litigation Filed Against Banks; Accounting Firms Seek “Agent Fees” for Preparing PPP Loan Applications.

“CCPA 2.0” Amendments Qualify for November 2020 Ballot

U.S. Senate Announces Introduction of COVID-19 Consumer Data Protection Act

White House Issues Executive Order Restricting Foreign Equipment in Bulk Power System

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