The American Bar Association recently published a book covering the eminent domain laws of each of the fifty states and the District of Columbia.  Warren Herlong and Casey Pipes authored the chapter on Alabama’s eminent domain laws.  The book is available for purchase from the ABA website: https://www.americanbar.org/products/inv/book/214929/

The Eleventh Circuit’s recent opinion in In re Lett, 632 F.3d 1216 (11^th Cir. 2011) greatly expands the role of bankruptcy courts in approving Chapter 11 plans.  The decision essentially requires a bankruptcy court to determine independently whether such a plan satisfies the “absolute priority rule” where no creditor has objected to the plan on that ground, thereby transforming the judge from a neutral arbiter into an advocate for creditors.  Mr. Conte’s article, published in the January 2012 issue of Stream of Commerce, discusses In re Lett and its progeny thus far, and explores the decision’s potential ramifications.  Click here to read Mr. Conte’s article.

Warren Herlong, Casey Pipes and Chris Conte attended the annual ALI-ABA Eminent Domain and Condemnation 101 conference in San Diego, California from January 26-28, 2012. While at this conference, Warren Herlong co-presented a paper on How to Depose the Opposing Appraiser. This is one of the leading eminent domain conferences in the country.

Mr. Conte’s presentation focused on debtor and creditor issues in Chapter 7 and Chapter 13 bankruptcy cases, and the elements of a confirmable Chapter 13 Plan.  Mr. Conte also covered recent developments in bankruptcy law, including the United States Supreme Court’s June 23, 2011 decision in Stern v. Marshall, 131 S. Ct. 2594 (2011) and its impact on bankruptcy court jurisdiction.

Warren Herlong and Casey Pipes made a presentation to the Petroleum and Convenience Marketers of Alabama Association at its December 7, 2011 meeting in Birmingham, Alabama concerning eminent domain and inverse condemnation issues of interest to convenience store owners and operators.  Their presentation covered such topics as the measure of damages in partial takings, applicable appraisal methodologies, enhancement deductions from compensation that would otherwise be due, inverse condemnation claims, changes in the right of way without a physical taking which can lead to an inverse condemnation claim, and inverse condemnation claims based on turnout permit denials or revocations.

Casey Pipes was a panelist in a Strafford Webinar on “Eminent Domain: Redevelopment Challenges for Local Government” that took place on December 1, 2011.  Casey’s topic was on local government compliance with federal aid conditions in the context of eminent domain property acquisitions.  Other panelists from New Jersey,California and Hawaii discussed similar issues of concern to local government agencies in the context of property acquisition by condemnation.

Mr. Hartley was participating in Cumberland’s 22nd Annual Bankruptcy Law Seminar on September 30, 2011 and led a presentation on “Prepackaged Chapter 11 Plans.”  He has been a regular member of the seminar faculty over the years.  His co-panelists were Judge William Sawyer, Bankruptcy Judge for the United States District Court for the Middle District of Alabama, attorney Richard Carmody of Birmingham and attorney Patricia Redmond of Miami, Florida.

On September 30, 2011, at the Grand Hotel in Point Clear, Alabama, Helmsing Leach partner Joseph P. H. Babington gave a presentation to members of the Alabama Defense Lawyers Association on the 2011 Alabama tort reform measures.  The new laws decrease the period of repose for claims against architects, engineers, and builders; reduce the interest rate on money judgments; affect the venue of wrongful death actions; protect non-manufacturer sellers from product liability actions; and change the standard for the admission of expert testimony in certain civil and criminal proceedings.

Helmsing Leach sponsored an internal seminar on October 13, 2011, on alternative billing arrangements (ABA) to straight billable-hour fee contracts.  The seminar, presented by Jim Newman and Joe Babington and attended by 13 firm lawyers, focused on various alternative fee arrangements and how these can provide clients with greater certainty and predictability for budgeting legal fees and expenses in certain litigation matters and other types of work. Recent trends were discussed, including the firm’s experience that, if structured properly, ABA can more closely align client and attorney expectations and interests and provide a fairer and more cost-effective compensation arrangement. The firm has entered into ABA with several existing clients and is willing to consider ABA in appropriate situations.

Casey Pipes co-presented a paper at the ALI-ABA Eminent Domain and Land Valuation Litigation seminar February 17-19, 2011 in Coral Gables, Florida on Right of Way Changes Without a Physical Taking — Is there an inverse condemnation claim? Casey also co-presented a paper at the companion ALI-ABA Condemnation 101 seminar on Working with Valuation Experts.