Poyner Spruill LLP

Author

Latest Publications

Ahaji Kirk Amos

Updated OIG Exclusion Guidance Spells Out Recommended Employee Screening Procedures

On May 8, 2013, the Office of Inspector General (OIG) published an updated bulletin that spells out the frequency with which employers should check the OIG’s List of Excluded Individuals and Entities and clarifies which…more

Contractors, Excluded Providers, Healthcare, OIG, Screening Procedures

See All Updates »

William Belcher

Estate Plans May No Longer Need Credit Shelter Trusts

The 2012 Tax Relief Act provides an exemption from federal estate tax of $5,250,000 inflation indexed per spouse that is portable between spouses. If the first spouse to die does not use in whole or in part her or his exemption,…more

American Taxpayer Relief Act, Credit Shelter Trusts, Estate Planning, Estate Tax, Exemptions

See All Updates »

Christopher Brewer

CMS Announces "Pause" in RAC Audits

On Tuesday, 2/18/14, Centers for Medicare & Medicaid Services (CMS) announced on its website that it is “pausing” the Recovery Audit Program (RA Program) in preparation for the procurement of new Recovery Audit (RA) contracts…more

Audits, CMS, Healthcare, RACs

See All Updates »

Nancy Brower

Do Your Plans Include a Time Limit on a Participant’s Right to Sue?

Some, but far from all, employee benefit plans set a limit on the amount of time a participant has to file a lawsuit claiming benefits under the plan. Until recently, however, not all courts would recognize these plan imposed…more

Employee Benefits, ERISA, Heimeshoff v. Hartford Life & Accident Insurance Co., Limitation Periods, SCOTUS

See All Updates »

Kenneth L. Burgess

New Online End-of-Life Planning Tool Now Available to NC Citizens and Health Care Providers

A new tool is now available for North Carolina citizens and health care providers that will help everyone understand end-of-life health care planning options and processes available under North Carolina law. The new website can…more

Advance Directives, End-of-Life-Care, Healthcare, Living Will, Power of Attorney

See All Updates »

Kevin M. Ceglowski

Fourth Circuit Rules That Temporary Impairments May Be ADA Covered Disabilities

The Fourth Circuit Court of Appeals, the federal appellate court covering North Carolina, among other states, recently ruled that a temporary impairment may be a covered disability under the Americans with Disabilities Act…more

ADA, ADAAA, Disability, Temporary Disability Insurance

See All Updates »

Tara Cho

Countdown to HITECH Compliance: How to Redistribute Your Notice of Privacy Practices

September 23, 2013 is the fast-approaching compliance deadline for the final omnibus HIPAA/HITECH rules. Many provisions required revisions to Notices of Privacy Practices (NPPs) maintained and distributed by covered entities. …more

Compliance, Deadlines, Healthcare, HHS, HIPAA

See All Updates »

Brian F. Corbett

Recent Changes to Article 9 of the North Carolina Uniform Commercial Code

In 2010 the National Conference of Commissioners on Uniform State Laws and the American Law Institute proposed amendments to Article 9 of the Uniform Commercial Code, commonly referred to as the 2010 Amendments. During the 2012…more

Article 9, Debtors, UCC

See All Updates »

Craig Dalton

Why You Need an Estate Plan Post 2013 Tax Act

Estate planning is the process of designating, during your life, the disposition of your assets upon your death in a manner that attempts to eliminate administrative uncertainties, reduce taxes, and maximize asset protection…more

Estate Planning, Living Will, Revocable Trusts, Wills

See All Updates »

Hugh Davis

DOL Policy Allows Employers A Limited Opportunity To Re-Set Timing Of Annual Participant Fee Disclosures

The DOL’s new participant fee disclosures regulations took effect last year. These rules require 401(k) and other participant-directed plans to provide participants with an annual disclosure of certain plan and fee information,…more

401k, Disclosure Requirements, DOL, Fees, IRS

See All Updates »

Thomas Davis Jr.

Make a Resolution For a Safe 2013

It is the New Year and time for making and implementing your company's resolutions for 2013. One resolution all members of the North Carolina Masonry Association should make is to work to improve job site safety. Specifically,…more

Masonry, Safety Precautions, Safety Training, Workplace Injury

See All Updates »

Jillian DeCamp

Highlights from the recently proposed Tax Reform Plan

Monday evening, Governor McCrory and Republicans in the House and Senate released a tax reform plan under the Proposed Conference Committee Substitute to House Bill 998. Tuesday in both House and Senate chambers the Proposed…more

Corporate Taxes, Income Taxes, Proposed Legislation, Tax Cuts, Tax Reform

See All Updates »

Sarah DiFranco

In-House Loan Modifications In South Carolina Are Not The Unauthorized Practice of Law

?The South Carolina Supreme Court recently issued two opinions concerning the unauthorized practice of law in real estate transactions. Under earlier Supreme Court cases, five aspects of a real estate loan or mortgage closing…more

Closing Documents, Equitable Relief, Foreclosure, Loan Modifications, Mortgages

See All Updates »

David Dreifus

North Carolina Court of Appeals Allows Borrower to Take Breach of Fiduciary Duty Claims Against Lender to a Jury

In what may be a first for a North Carolina appellate court, the North Carolina Court of Appeals has reversed the entry of summary judgment for a lender on a borrower’s breach of fiduciary claim. In Dallaire v. Bank of America,…more

Appeals, Bank of America, Breach of Contract, Chapter 7, Debtor-Creditor

See All Updates »

Joshua B. Durham

Pizza And Trade Secrets: These Are A Few Of My Favorite Things

Earlier this year, the U.S. Commerce Department released a report titled "Intellectual Property and the U.S. Economy: Industry in Focus," which made clear the following point..…more

Innovation, Little Caesars Enterprises Inc., Trade Secrets, U.S. Commerce Department

See All Updates »

J. Nicholas Ellis

Court Stops Serial Plaintiff's Latest Effort: Payne v. Chapel Hill North Properties

The United States District Court for the Middle District of North Carolina recently dismissed an Americans with Disabilities Act (“ADA”) case filed by Denise Payne, a Florida resident, and National Alliance for Accessibility,…more

Accessibility Rules, ADA, Disability Access Claims, Motion to Dismiss, Standing

See All Updates »

Chad Essick

Hey Wait, What About Our Fancy New Quasi-Judicial Statute?

In 2009, the North Carolina General Assembly adopted Senate Bill 44, an act that codified the case law regarding quasi-judicial land use proceedings, including the proper standards and procedures for judicial review. See N.C…more

Conditional Use Permit, Variances

See All Updates »

Martin Flyke

An Update On North Carolina's New Lien Agent System

On April 1, 2013, the changes to North Carolina’s construction lien laws enacted in July 2012 became effective. For a general overview of the pertinent changes, please review the articles written by Brian Corbett and Tom Davis…more

Lien Agents, Liens

See All Updates »

Paul Fogleman

Changes of Note to Lenders From the 2013 Legislative Long Session

During the 2013 legislative session, several new laws were passed which directly affect the banking and financial services industries. While most of these changes are relatively minor, they are certainly worth noting. Below is…more

Fannie Mae, FHA, Interest Rates, Lenders, Mechanics Lien

See All Updates »

Susanna Knutson Gibbons

Don’t Be Fooled if ENDA Doesn’t Become Law

There have been many news stories recently about the Employment NonDiscrimination Act (ENDA), which the U.S. Senate appears certain to pass this month. Commentators have different opinions about whether the House of…more

Civil Rights Act, Compliance, Discrimination, EEOC, ENDA

See All Updates »

Eugene Griggs

Do Your Plans Include a Time Limit on a Participant’s Right to Sue?

Some, but far from all, employee benefit plans set a limit on the amount of time a participant has to file a lawsuit claiming benefits under the plan. Until recently, however, not all courts would recognize these plan imposed…more

Employee Benefits, ERISA, Heimeshoff v. Hartford Life & Accident Insurance Co., Limitation Periods, SCOTUS

See All Updates »

C. Marcus Harris

October 1, 2013 Deadline for Notice to Employees of Coverage Options Under the Affordable Care Act

An important deadline under the Affordable Care Act is rapidly approaching. By no later than October 1, 2013, all employers must distribute a notice to all current employees to inform them of certain health coverage options…more

Affordable Care Act, Deadlines, DOL, Employee Benefits, Employer Mandates

See All Updates »

Wilson Hayman

Proposed Rules Implementing Affordable Care Act Rules Prohibit Discrimination by Health Insurers and Set Standards for Essential Health Benefits

On November 20, 2012, the Department of Health and Human Services (HHS) issued proposed rules under the Patient Protection and Affordable Care Act of 2010, as amended (the Affordable Care Act or the Act), which beginning in 2014…more

Affordable Care Act, Discrimination, Essential Health Benefits, HHS, Preexisting Conditions

See All Updates »

Robert Howell

How Will the American Taxpayer Relief Act of 2012 Affect You - Details of Legislation passed by Congress to Avoid Fiscal Cliff

On January 2, President Barack Obama signed into law the American Taxpayer Relief Act of 2012, H.R. 8 (ATRA), preserving many of the key tax provisions passed during the George W. Bush presidency, which were scheduled to lapse…more

Adjusted Gross Income, Affordable Care Act, Alternative Minimum Tax, American Taxpayer Relief Act, Business Taxes

See All Updates »

Elizabeth Johnson

Scripts - November 2013

In this issue: - New Wellness Program Rules for 2014 - Now That We Know The Basic Rules… Drafting Covenants Not To Compete To Maximize The Likelihood Of Enforcement - Excerpt from New Wellness Program Rules…more

Contract Drafting, Contract Interpretation, ERISA, Healthcare, Healthcare Reform

See All Updates »

Keith Johnson

Eighteen Counties Will Send Out Revaluation Notices in 2013

Counties in North Carolina are required to revalue real property every eight years; however, some counties chose to do so in shorter intervals. According to the North Carolina Department of Revenue, eighteen counties are set to…more

Administrative Appeals, Administrative Review Board, Property Tax, Revaluation

See All Updates »

James Martin

Read the Fine Print! Restrictions in a Power of Attorney May Invalidate Loan Documents

On November 6, 2012, the North Carolina Court of Appeals ruled in a unanimous decision that several commercial guaranties were invalid when signed by an attorney in fact, pursuant to a power of attorney which contained a…more

Condition Precedent, Durable Power of Attorney, Lenders, Loans, Power of Attorney

See All Updates »

Kelsey Mayo

Retirement Plan Fee Litigation Finds Its Way to North Carolina

Over the last few years, we have seen a significant increase in litigation involving the fees paid by retirement plans. However, until recently, no major litigation had occurred in North Carolina. On March 12, 2014, one of…more

Benefit Plan Sponsors, Employee Benefits, Employer Liability Issues, Retirement Plan

See All Updates »

Robert Meyer

Labor Board Affirms Ruling that Employer Confidentiality Provision Violates NLRA

On June 21, 2013, The National Labor Relations Board (NLRB) issued an order affirming and modifying an earlier decision by an administrative law judge that invalidated the confidentiality provision in an employer’s employment…more

Administrative Hearings, Confidentiality Agreements, DOL, NLRA, NLRB

See All Updates »

James O'Brien III

The North Carolina Qualified Business Tax Credit Program

Investors and businesses that are seeking to raise capital should be aware of North Carolina’s Qualified Business Tax Credit Program, which provides significant tax benefits to North Carolina taxpayers in connection with their…more

Business Taxes, Equity Securities, Grants, Income Taxes, Private Investment Funds

See All Updates »

Thomas Ogburn

In-House Loan Modifications In South Carolina Are Not The Unauthorized Practice of Law

?The South Carolina Supreme Court recently issued two opinions concerning the unauthorized practice of law in real estate transactions. Under earlier Supreme Court cases, five aspects of a real estate loan or mortgage closing…more

Closing Documents, Equitable Relief, Foreclosure, Loan Modifications, Mortgages

See All Updates »

Robert Orr

NCAA Reverses Field for Student-Athlete

On February 28th the National Collegiate Athletic Association (NCAA) granted the request for Waiver of Legislation submitted by St. John’s University basketball player Orlando Sanchez thus allowing Sanchez eligibility for next…more

Athletes, Eligibility, NCAA, Waiver of Legislation

See All Updates »

Kathryn Paradise

Same-Gender Marriage Implications for Employee Benefit Plans

In the summer of 2013, the Supreme Court issued a decision in U.S. v. Windsor, striking down a key provision of the Defense of Marriage Act (DOMA) and eliminating the requirement that federal law recognize only marriages between…more

Cafeteria Plans, DOL, DOMA, Employee Benefits, Employee Handbooks

See All Updates »

Jennifer G. Parser

Employers Must Be Prepared for I-9 and E-Verify Inspections - Immigration and Customs Enforcement (ICE) Inspection of Forms I-9 and the Monitoring and Compliance Branch of the US Citizenship and Immigration Services Checking on E-Verify Users

Has ICE Been Busy in 2013? What to Expect if You Get a Notice of Inspection - On November 6, 1986, the Immigration Reform and Control Act required employers to verify the identity and employment eligibility of their…more

Audits, Compliance, Criminal Sanctions, E-Verify, I-9

See All Updates »

Lynn Percival

Court Rejects Wyndham’s Challenge to FTC’s Data-Security Enforcement Authority

In June 2012, the Federal Trade Commission (FTC) filed suit under Section 5 of the FTC Act (Section 5) against the Wyndham hotel chain (Wyndham) following a security breach that led to the theft of payment card data for hundreds…more

Cybersecurity, Data Protection, Enforcement, FTC, Wyndham

See All Updates »

Charles A. Pettigrew

Recent Changes to Article 9 of the North Carolina Uniform Commercial Code

In 2010 the National Conference of Commissioners on Uniform State Laws and the American Law Institute proposed amendments to Article 9 of the Uniform Commercial Code, commonly referred to as the 2010 Amendments. During the 2012…more

Article 9, Debtors, UCC

See All Updates »

Christopher H. Roede

E.D.N.C. Bankruptcy Court Rules that Borrower Can Raise Unfair and Deceptive Trade Practices Claims Against Lender Based on Refusal to Modify Loan

Does a lender have a duty to act in good faith when negotiating with a borrower during a commercial loan modification? In an order issued recently by the United States Bankruptcy Court for the Eastern District of North…more

Borrowers, Commercial Loans, contract, Good Faith, Lenders

See All Updates »

Steven A. Rowe

EEOC Publishes Guidance on Employment Rights Related to Religious Garb and Grooming in the Workplace

On March 6, 2014, in an effort to answer questions about how federal employment discrimination law applies to religious dress and grooming practices, the U.S. Equal Employment Opportunity Commission (EEOC) issued a publication…more

Civil Rights Act, EEOC, Religion, Religious Clothing, Religious Discrimination

See All Updates »

Laura Broughton Russell

EEOC Publishes Updated Guidance on the Employment Rights of People with Cancer, Diabetes, Epilepsy and Intellectual Disabilities

On May 15, 2013, pursuant to its published goal of providing up-to-date guidance on the requirements of antidiscrimination laws, the U.S. Equal Employment Opportunity Commission (EEOC) issued four revised Question and Answer…more

ADA, ADAAA, Disability, Disability Discrimination, Discrimination

See All Updates »

Stephanie Sanders

SEC Adopts Rule Disqualifying Bad Actors from Participation in Rule 506 Offerings

In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, which, among other things, required the Securities and Exchange Commission (SEC) to adopt rules that would prohibit the use of the Rule 506…more

Bad Actors, Disqualification, Dodd-Frank, Rule 506 Offerings, SEC

See All Updates »

Pamela A. Scott

What Is “Past Quality of Care” in a CON Review?

A recent certificate of need (CON) decision has muddied the waters further on the question of what constitutes past quality of care in a CON review. The case involved the Certificate of Need Section’s (CON Section or Agency)…more

Certificate of Need, Healthcare, Hospitals, Medicare

See All Updates »

Steven Mansfield Shaber

Script Newsletter: March 2014

In this issue: - A Look Behind the OIG’s Work Plan - Do You Need an Estate Plan? - Same-Gender Marriage Implications for Employee Benefit Plans - New Child Abuse Reporting Law Gets Tough -…more

Child Abuse, Estate Planning, OIG

See All Updates »

William Shenton

Recent Nursing Facility CON Decision Creates Controversy - What Is “Past Quality of Care” in a CON Review?

A recent decision in the Wake County nursing facility certificate of need (CON) case includes a new take on quality of care in the CON context that might well impact future applications and reviews. The case arose from appeals…more

Certificate of Need, Nursing Homes, Performance Reviews, Quality of Care Standards

See All Updates »

E. Bardin Simmons

Changes of Note to Lenders From the 2013 Legislative Long Session

During the 2013 legislative session, several new laws were passed which directly affect the banking and financial services industries. While most of these changes are relatively minor, they are certainly worth noting. Below is…more

Fannie Mae, FHA, Interest Rates, Lenders, Mechanics Lien

See All Updates »

Michael Slipsky

SEC Adopts Rule Disqualifying Bad Actors from Participation in Rule 506 Offerings

In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, which, among other things, required the Securities and Exchange Commission (SEC) to adopt rules that would prohibit the use of the Rule 506…more

Bad Actors, Disqualification, Dodd-Frank, Rule 506 Offerings, SEC

See All Updates »

Deborah Sperati

Good News for Lenders! Minor Errors in Deeds of Trust Less Costly As Result of New Bankruptcy Court Opinion

Worried that a minor typo will invalidate your deed of trust? After several years of rulings causing lenders in North Carolina to be understandably nervous, the United States Bankruptcy Court for the Eastern District of North…more

Deed of Trust, Head Grading, Mortgages, The WIllows II

See All Updates »

Lee Spinks

Scripts - July 2013

In this issue: - America’s Aging Health Care Workforce Presents Challenges - Using Covenants Not to Compete in the Health Care industry - Bring Your Own Device Programs and Health Care: Too Risky to…more

Bring Your Own Device, Healthcare, Healthcare Professionals, Medical Devices, Mobile Devices

See All Updates »

Westray Veasey

Same Sex Marriages: Are You Filing Your Taxes Properly?

In late 2013, I met with my first same sex couple clients since the U.S. Supreme Court overruled the Defense of Marriage Act (DOMA) last year. If you recall, DOMA was the federal law barring the federal government from…more

DOMA, Fifth Amendment, Income Taxes, Joint Tax Returns, Marriage

See All Updates »

Jill C. Walters

E.D.N.C. Bankruptcy Court Rules that Borrower Can Raise Unfair and Deceptive Trade Practices Claims Against Lender Based on Refusal to Modify Loan

Does a lender have a duty to act in good faith when negotiating with a borrower during a commercial loan modification? In an order issued recently by the United States Bankruptcy Court for the Eastern District of North…more

Borrowers, Commercial Loans, contract, Good Faith, Lenders

See All Updates »

Thomas West

Highlights from the recently proposed Tax Reform Plan

Monday evening, Governor McCrory and Republicans in the House and Senate released a tax reform plan under the Proposed Conference Committee Substitute to House Bill 998. Tuesday in both House and Senate chambers the Proposed…more

Corporate Taxes, Income Taxes, Proposed Legislation, Tax Cuts, Tax Reform

See All Updates »

Danielle Barbour Wilson

Employees May Affirmatively Decline To Use FMLA Leave - When Requesting Leave for An FMLA-Covered Reason, According to the Ninth Circuit Court of Appeals

In a decision filed on February 25, 2014, the United States Court of Appeals for the Ninth Circuit ruled that employees may affirmatively decline to use leave under the Family and Medical Leave Act (FMLA), even if the underlying…more

Employee Benefits, Employee Rights, FMLA

See All Updates »

David L. Woodard

Employers Must Be Prepared for I-9 and E-Verify Inspections - Immigration and Customs Enforcement (ICE) Inspection of Forms I-9 and the Monitoring and Compliance Branch of the US Citizenship and Immigration Services Checking on E-Verify Users

Has ICE Been Busy in 2013? What to Expect if You Get a Notice of Inspection - On November 6, 1986, the Immigration Reform and Control Act required employers to verify the identity and employment eligibility of their…more

Audits, Compliance, Criminal Sanctions, E-Verify, I-9

See All Updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.