Alabama Leadership Initiative

A New Look at HUD 232 Loans: Rx for Senior and Long Term Care Finance Needs in a Tough Economy

Tuesday, April 13, 2010
2:30PM – 6:00PM
2:30PM Registration
3:00PM-5:00PM Seminar
5:00PM-6:00PM Cocktail Reception

Please join us for a discussion focusing on:

• HUD Section 232 Lean Program
• The Lender's Perspective
  • Underwriting process
  • Application process
• The Borrower's Perspective
  • Structure of deals under the 232 Program
    for profit vs. non-profit
  • Lease structure - Regulatory Agreement
    for borrower and lessee
  • Issues with Deposit Control Agreement
    and Accounts Receivable Loans - new rules

Featured Speakers:

• Andrea Barach, Partner, Bradley Arant Boult Cummings LLP
• Don Husi, Director, RED Capital Group
• David Kessler, Principal, Reznick Group, P.C.
• Tom Peters, SVP/Principal, CWCapital
• Brian Reynolds, Managing Director - Long Term Care, Capital Funding LLC
• David Reznick, Principal, Reznick Group, P.C.

Two Birmingham Attorneys Named "Lawyer of the Year"

Birmingham Magazine's Top Attorneys

Over the past several months, the Birmingham Magazine has conducted one of the largest peer surveys ever done in this area. More than 4,000 attorneys were asked to vote for their colleagues in several categories. An independent research company tallied the results to select those who were chosen.

Appellate
Matt Lembke
Kevin Newsom

Banking Law
Kay Bains
Larry Vinson

Bankruptcy
Patrick Darby

ERISA
Kevin Henderson

Tax
Bruce Ely
Stuart Frentz  
 

Stuart J. Frentz Elected Fellow in Prestigious American College of Tax Counsel

Bradley Arant Boult Cummings LLP partner, Stuart J. Frentz, has been elected as a fellow in the American College of Tax Counsel. The American College of Tax Counsel is a nonprofit professional association of tax lawyers in private practice, in law school teaching positions and in government, who are recognized for their excellence in tax practice and for their substantial contributions and commitment to the profession. Frentz will join the elite group of only 700 tax attorneys nationally. To be nominated for this honor, Fellows are selected by a Board of Regents from among recommendations received from the Circuit Admissions Counsel in each federal judicial circuit. The Regents selection is based on a proven record of the highest professional qualifications, standards of professionalism and service to the profession.

About Stuart J. Frentz

Stuart’s practice is concentrated on federal, state and local tax matters, including choice of entity, business planning, preparing partnership and limited liability company agreements with special emphasis on structuring profits interests and allocation and distribution provisions in such agreements, mergers and acquisitions, federal consolidated returns, like-kind exchanges of real and personal property, conservation easements, tax aspects of financial restructuring and cancellation-of-indebtedness income, dealing with valuation issues, administrative appeals and audit representation before the Internal Revenue Service and obtaining private letter rulings. He is a member of our Tax Practice Group, Corporate and Securities Practice Group, and the Emerging Growth Companies Team.

Stuart has also been recognized by Alabama Super Lawyers and Best Lawyers in America for his tax practice.

Developments at the EEOC: Times They Are A Changin’

2010 Mississippi Software Institute

Anne R. Yuengert Published in The Voice

William C. "Beau" Byrd, II on Panel Discussion

Time Warner Cable arena subcontractors awarded $2.38 million

The architect of Time Warner Cable Arena has been ordered to pay more than $2.38 million after a jury found it negligent in its design and administration of the project’s construction. William R. Nash Inc. and Applegate Heating & Air Conditioning Inc., the arena’s mechanical and ductwork subcontractors, sued architect Ellerbe Becket for professional negligence in its preparation of the plans and specifications for the arena and its design management of the arena construction project. The subcontractors sought damages equal to the cost of extra work they had to perform to correct serious design deficiencies in the arena’s ventilation systems. Both firms were represented by the Charlotte office of Bradley Arant Boult Cummings LLP.

“We are delighted that the jury agreed with our central argument that there were design defects and that it was the architect’s responsibility to resolve them,” said John D. Bond III, managing partner of Bradley Arant’s Charlotte office. “We are especially pleased that the jury saw fit to give our clients everything they asked for and compensated them fully for the extra costs they incurred.”

The two-week trial focused on problems with the design of the HVAC and kitchen exhaust ductwork systems, which Ellerbe was responsible for designing and Nash and Applegate were responsible for building and installing.

“It’s important to note that all design deficiencies were corrected during construction,” said James C. Smith, litigation partner at Bradley Arant and lead counsel for Nash and Applegate. “The construction team had to take the long way around the barn to get it done properly, but the arena’s ductwork is now code-compliant.”
The case was tried in Mecklenburg County Superior Court before Judge Albert Diaz. Smith teamed with attorneys Roger Jones and Nicole Campbell from Columbia, Md.-based Huddles Jones Sorteberg & Dachille P.C.

Kevin C. Newsom Quoted in Law360

Bradley Arant Boult Cummings' Jackson Office Expands Legal Capabilities with Addition of Two New Members

Hall Eady Inducted into the Phoenix Club of Birmingham

11 New Partners Named for 2010

Bradley Arant Boult Cummings LLP is pleased to announce it has named 11 new attorneys to the partnership, effective January 1, 2010.

New Partners (By Office)
Birmingham
Charles M. Ferguson, Jr.
Jennifer J. McGahey
John Neiman, Jr
J. Andrew Robison
R. Thomas Warburton

Nashville
Martha L. Boyd
Rachel F. Coleman 
Michael B. Noble  
Peter C. Sales

Huntsville 
Timothy Peter Cummins  

Jackson
Alex Purvis