News & Publications

CLIFTON N. MILLER – The impact of the RED FLAG CLARIFICATION ACT on the FAIR AND ACCURATE CREDIT TRANSACTIONS ACT

The Fair and Accurate Credit Transactions Act of 2003 (“the FACT Act”) directed the Federal Trade Commission (“FTC”) to promulgate rules requiring creditors to implement programs to detect and respond to so-called red flags that could indicate identity theft.  The FTC’s Red Flags Rule implementing Section 114 of the FACT Act became effective on January 1, 2008 (Federal guidelines for use by financial institutions and creditors in establishing policies and procedures to mitigate identity theft risks). Section 114 of the FACT Act (hereafter “Section 114″) directed financial regulatory agencies, including the Federal Trade Commission, FTC, to promulgate rules requiring “creditors” and “financial institutions” to implement programs to detect and respond to red flags-patterns, practices, or specific activities-that could indicate identity theft.

Client Alert – Red Flag Clarification Act

JAMES H. HENRY II and JOHN R. LaBAR – Pursuant to H.R. 1499, accepted September 2008, Congress designated the third full week in October each year as National Estate Planning Awareness Week. According to recent studies, more than 120 million Americans do not have up to date estate plans to protect themselves or their families in the event of sickness, accident or death. Without a Will, couples or individuals cannot ensure that upon their death that their assets will pass to the individuals they want, or even, that these assets will be available for use for the purposes the deceased intended. Please join with Henry & McCord in helping to promote the benefits of proper estate planning. For more information about this important topic, please see the Client Alert below.

CLIENT ALERT
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John R. LaBar has authored an article published in the September 2011 edition of the newsletter for the Tennessee Bar Association Labor & Employment Law Section entitled “NLRB Issues Complaint Against Boeing for Transferring Work to Non-Union Facility”. The article details the recent decision by NLRB Acting General Counsel Lafe Solomon to issue a complaint against the Boeing Company alleging that it violated the National Labor Relations Act by deciding to transfer a second production line to a non-union facility in South Carolina.

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JAMES H. HENRY II – Client Alert on Electing Unlimited Liability to Become Exempt from Tennessee Franchise and Excise Taxes.

This Client Alert addresses the steps required to elect unlimited liability for an entity to become exempt from the State of Tennessee Franchise and Excise Taxes.

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JOHN R. LaBAR – Client Alert on NLRB Complaint against Boeing Company for Unlawfully Transferring Work to a Non-Union Facility

This Client Alert addresses the NLRB Complaint filed against Boeing Company with respect to its decision to locate a second production line at a non-union facility in South Carolina rather than at its unionized plant in the State of Washington.

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CLIFTON N. MILLER – Seminar to Tullahoma City School System regarding School Support Organizations.

On August 9, 2011, Clifton N. Miller presented a seminar to the Tullahoma City School System and School Support Organizations of Tullahoma regarding School Support Organizations. The seminar provided an overview of the School Support Organization Financial Accountability Act (“SSOFAA”) that was enacted by the Tennessee Legislature in 2007. The seminar also provided an overview the report issued by the State of Tennessee, Comptroller of the Treasury, Department of Audit, Division of Municipal Audit on July 13, 2011 regarding its investigative audit of the Riverdale High School Quarterback Club.

Seminar Materials

CLIFTON N. MILLER – Client Alert on School Support Organizations: Investigative Audit by the State of Tennessee Comptroller of the Treasury.

The School Support Organization Financial Accountability Act (“SSOFAA”) was enacted by the Tennessee Legislature in 2007. On July 13, 2011, the State of Tennessee, Comptroller of the Treasury, Department of Audit, Division of Municipal Audit issued a report regarding its investigative audit of the Riverdale High School Quarterback Club. This Memo will attempt to summarize the findings and recommendations by the Comptroller of the Treasury and provide some practical guidance in this area.

Client Alert
Investigative Audit Report of the Comptroller of the Treasure dated July 13, 2011
Frequently Asked Questions, Tennessee Comptroller of the Treasury
Model Financial Policy for School Support Organizations, Tennessee Comptroller of the Treasury
Exhibit 8, Count of Collections, Internal School Uniform Accounting Policy Manual
Exhibit 3, Fundraiser Summary Report, Internal School Uniform Accounting Policy Manual
Exhibit 2.a., Fundraiser Profit Analysis Report, Internal School Uniform Accounting Policy Manual