Bradley Arant Boult Cummings LLP

Bradley is a national law firm with a reputation for skilled legal work, exceptional client service, and impeccable integrity. Our more than 500 attorneys provide business clients around the world with a full suite of legal services in dozens of industries and practice areas. Bradley’s 10 offices are located in Alabama, Florida, Mississippi, North Carolina, Tennessee, Texas, and the District of Columbia, giving us an extensive geographic base to represent clients on a regional, national, and international basis. We frequently serve as national coordinating counsel, regional counsel, and statewide counsel for clients in various industries.

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Labor & Employment Insights

Don’t Dawdle in USERRA’s World: Fourth Circuit Affirms USERRA Violation for Delayed Reemployment

By Keith S. Anderson & Anne R. Yuengert

July 23, 2020

How long do you have to reinstate an employee following military leave? In Harwood v. American Airlines, the Fourth Circuit found that a delay of six or eight weeks was too long. The Uniformed Services Employment and Reemployment Act (USERRA) says employers must reinstate an employee returning from military leave and if, as in Harwood, there is some obstacle to the employee’s return to the old job, you cannot linger too long in placing him…

Financial Services Perspectives

OCC Proposes Clarification to True Lender Doctrine

By Preston H. Neel, Christopher K. Friedman, Gabriella E. Alonso & Michael M. Aphibal

July 22, 2020

Earlier this week, the OCC released a proposed rule designed to address the “true lender” doctrine, a legal test utilized by courts and regulators to determine whether a bank or its non-bank partner is the actual lender in a credit transaction. This doctrine has led to uncertainty in the fintech and bank-partnership spaces, in large measure because of the lack of uniformity between jurisdictions and the subjective nature of the tests used to determine the…

Financial Services Perspectives

Eleventh Circuit Holds Plaintiffs Must Have Incurred Concrete Injury for Article III Standing to Sue under FDCPA

By Lauren G. Raines & Elizabeth R. Brusa

July 22, 2020

Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are prohibited from using “false, deceptive, or misleading representation[s]” in connection with collecting debts. If a debt collector violates the FDCPA, the debt collector may be liable in the amount of the actual damages incurred by a debtor resulting from the FDCPA violation. Further, additional statutory damages may be imposed against debt collectors for FDCPA violations. In Trichell v. Midland Credit Management, Inc. the…

Online & On Point

Schrems II – Guidance for the Transfer of Personal Data between the European Union and the United States

By David Vance Lucas

July 21, 2020

Impacts of the European Union invalidation of the EU-U.S. Privacy Shield On July 16, 2020, the Court of Justice of the European Union (CJEU) issued a very lengthy and detailed opinion invalidating the EU-US Privacy Shield (Decision 2016/1250), thereby requiring an immediate re-assessment of transfers of Personal Data between the European Union (EU) and the United States. History of EU – U.S. Personal Data and Privacy Protection The General Data Protection Regulation (GDPR) was approved by…

BuildSmart

Timing Is Everything: Miller Act Notice Defect Saves Surety

By Douglas L. Patin, Aron C. Beezley & Amandeep S. Kahlon

July 21, 2020

The Miller Act protects subcontractors from nonpayment on federal projects by requiring prime contractors to issue payment bonds. To obtain relief under the Miller Act, a subcontractor must (1) give the prime contractor written notice of its claim within 90 days of the date it last performed work on a federal project and (2) file suit against the bond for any outstanding nonpayment within one year of the date work was last performed. A subcontractor’s…

Labor & Employment Insights

Department of Labor Provides Easier, Breezier FMLA Electronic Notice Forms for Employers

By J. William Manuel & Anne R. Yuengert

July 20, 2020

In a shocking example of good news these days, the Wage and Hour Division has revised its optional forms that employers can use on various FMLA issues. The new forms can be filled out electronically and have cut down on the number of questions that require written responses. Instead, many categories can now be handled by simply checking a box. Also, in this time of social distancing, they can be signed electronically (no contact!). The DOL hopes…

Online & On Point

A New Privacy Headache: Virginia’s COVID-19 Workplace Safety Rule is Poised to Impact Privacy

By Erin Jane Illman & Steve Snyder

July 18, 2020

On July 15, 2020, the state of Virginia adopted the first of its kind COVID-19 workplace safety mandate. Propelled by months of inaction from a federal agency tasked with nationwide enforcement of workplace safety relating to COVID-19, Virginia’s Safety and Health Codes Board adopted an emergency regulation designed to establish requirements for employers to control, prevent and mitigate the spread of the virus. The new regulation applies to every employer, employee, and place of employment…

Labor & Employment Insights

Administering the Ministerial Exception: The Supreme Court Expands the Defense in Employment Cases

By Mary Clay W. Morgan, J. William Manuel & Anne R. Yuengert

July 16, 2020

Although the issue of whether someone can sue a church for employment discrimination doesn’t come up often, in Our Lady Of Guadalupe School v. Morrissey-Berru, the Supreme Court expanded the ministerial exception that precludes certain employment claims. This is big news for religious employers. Just like every other employer, churches and religious institutions sometimes get sued by an employee claiming a decision was based on a protected status, like race, sex or age. Those…

Online & On Point

Privacy and Faith-Based Institutions: Does Your Church Need a Privacy Policy?

By Alicia N. Netterville

July 15, 2020

While most state privacy laws exempt non-profit organizations, it is a best practice for churches and faith-based organizations to have a privacy policy informing members about how their personal information is handled. It is especially important to note that faith-based non-profit organizations are not exempt from compliance with the General Data Protection Regulation (GDPR) — adopted by the European Union in 2018 to protect the data and privacy of EU citizens. So if your church…

BuildSmart

New York is Pro-Choice on Forum Selection Clauses

By Amandeep S. Kahlon

July 14, 2020

In Somerset Fine Home Building, Inc. v. Simplex Industries, Inc., the Appellate Division of the Second Department in New York upheld a dismissal based on the plaintiff’s breach of the parties’ forum selection clause. Somerset Fine Home Building entered into a sales contract with a modular home supplier for the purchase of a home. The sales contract included a forum selection clause specifying Pennsylvania as the location for any lawsuit or arbitration. Somerset later filed…

Bradley Arant Boult Cummings LLP

Don’t Dawdle in USERRA’s World: Fourth Circuit Affirms USERRA Violation for Delayed Reemployment

OCC Proposes Clarification to True Lender Doctrine

Eleventh Circuit Holds Plaintiffs Must Have Incurred Concrete Injury for Article III Standing to Sue under FDCPA

Schrems II – Guidance for the Transfer of Personal Data between the European Union and the United States

Timing Is Everything: Miller Act Notice Defect Saves Surety

Department of Labor Provides Easier, Breezier FMLA Electronic Notice Forms for Employers

A New Privacy Headache: Virginia’s COVID-19 Workplace Safety Rule is Poised to Impact Privacy

Administering the Ministerial Exception: The Supreme Court Expands the Defense in Employment Cases

Privacy and Faith-Based Institutions: Does Your Church Need a Privacy Policy?

New York is Pro-Choice on Forum Selection Clauses

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