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Attorney	Latest Publications
Danielle M. Barbour	New FMLA Regulations Effective: New Notice Poster and Model Forms Available As of March 8, 2013, employers with 50 or more employees are required to post the Department of Labor’s (DOL) new Family and Medical Leave Act (FMLA) notice poster incorporating the recently issued final regulations, which…more DOL, Eligibility, Flight Crews, FMLA, Hiring & Firing	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 »
Kenneth L. Burgess	Shorts on Long Term Care April 2013 In this issue: - What’s In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement - “The Climb” — NC Activities Directors Win National Award for Their Work in…more Arbitration, Arbitration Agreements, I-9, Long-Term Care, Nursing Homes	See All Updates »
Kevin M. Ceglowski	Scripts - April 2013 In This Issue: - Key Provisions In the Final Omnibus HIPAA/HITECH Rules and What They Mean for You - NLRB and EEOC May Target Employer Efforts to Keep Employees Quiet During Internal Investigations - The…more Anti-Retaliation Provisions, Business Associates, Confidential Employer Investigations, Data Protection, Deadlines	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	Estate Planning After the American Taxpayer Relief Act Congress adopted the American Taxpayer Relief Act (the Act), effective January 1, 2013. The Act made permanent tax rates and exemptions for estate, gift, and generation-skipping transfer (GST) taxes. Prior laws incorporated…more American Taxpayer Relief Act, Estate Planning, Estate Tax, Fiscal Cliff, Generation-Skipping Transfer	See All Updates »
Hugh Davis	Health Reform - New Guidance On Eligibility Waiting Periods (or, when is 90 days not 90 days?) Starting in 2014, federal law will prohibit group health plans from imposing eligibility waiting periods longer than 90 days. Recently, federal regulators published proposed regulations designed to implement this limitation…more Eligibility, Employer Group Health Plans, Healthcare, Proposed Regulation, Statutory Waiting Period	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 »
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 »
Chad Essick	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 »
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	More, More, More: The CFPB Wants More From Mortgage Servicers The Consumer Financial Protection Bureau (CFPB) recently issued new rules amending Regulation Z, the Truth in Lending Act (TILA), and Regulation X, the Real Estate Settlement Procedures Act (RESPA), which revise mortgage…more Appraisal, CFPB, Dodd-Frank, Equal Credit Opportunity Act, Mortgage Loan Servicing Standards	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 - April 2013 In This Issue: - Key Provisions In the Final Omnibus HIPAA/HITECH Rules and What They Mean for You - NLRB and EEOC May Target Employer Efforts to Keep Employees Quiet During Internal Investigations - The…more Anti-Retaliation Provisions, Business Associates, Confidential Employer Investigations, Data Protection, Deadlines	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 »
Kelsey Mayo	It Just Got Easier to Fix Your Ailing Retirement Plan Properly maintaining and administering a retirement plan is a difficult task for most employers. Despite even extreme vigilance, things often go wrong. The list of potential plan errors is endless, and plan sponsors face very…more EPCRS, IRS, Retirement Plan	See All Updates »
Robert Meyer	Pregnancy and Disability Discrimination the Focus of EEOC Enforcement Activity Since Congress’ enactment of amendments to the Americans with Disabilities Act (ADA) in 2008, making it easier to establish disability status under that law, the EEOC has directed more of its attention to claims of pregnancy and…more ADA, ADAAA, Disability Discrimination, EEOC, Pregnancy Discrimination	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 »
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	Employer Responsibility – Will You Pay or Play? Starting in 2014, provisions of the Patient Protection and Affordable Care Act become effective known as “Pay or Play” or “Employer Shared Responsibility.” Large employers will be faced with the decision whether to offer…more Affordable Care Act, Employer Group Health Plans, Employer Mandates, Full-Time Employees, Health Insurance	See All Updates »
Jennifer G. Parser	Shorts on Long Term Care April 2013 In this issue: - What’s In A Word? N.C. Court of Appeals Invalidates Nursing Home Arbitration Clause Based on Language of the Agreement - “The Climb” — NC Activities Directors Win National Award for Their Work in…more Arbitration, Arbitration Agreements, I-9, Long-Term Care, Nursing Homes	See All Updates »
Lynn Percival	President Obama’s Cybersecurity Executive Order and What it Means For Your Organization On February 12, President Obama signed a much-anticipated cybersecurity executive order intended to “enhance the security and resilience” of U.S. critical infrastructure. The executive order is very similar to a draft leaked…more Barack Obama, CIGR, Critical Infrastructure Sectors, Cybersecurity, Cybersecurity Framework	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 »
Steven A. Rowe	“Essential Functions” Under the ADA Can Include Job Functions that are Infrequently Performed The Americans with Disabilities Act (ADA) requires covered employers generally to provide reasonable accommodations to qualified employees with disabilities. The ADA provides, however, that the employee must be able to perform…more	See All Updates »
Laura Broughton Russell	The Wage and Hour Movement Against Internship Programs Lawsuits brought by interns are potentially becoming the next big trend in wage and hour litigation. As we discussed in a recent Alert in December of 2012, although it may be tempting for employers to tap into the large pool of…more DOL, FLSA, Internships, Minimum Wage, Over-Time	See All Updates »
Stephanie Sanders	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 »
Pamela A. Scott	Court Rejects Novant’s Challenge to CON Policy AC-3 for Academic Medical Centers The North Carolina Court of Appeals recently affirmed a final agency decision to award a CON for a new ambulatory surgical facility to North Carolina Baptist Hospital (Baptist Hospital), on the basis that the petitioners failed…more Certificate of Need, Competition, Hospitals	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 »
Westray Veasey	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 »
Jill C. Walters	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 »
David L. Woodard	“Essential Functions” Under the ADA Can Include Job Functions that are Infrequently Performed The Americans with Disabilities Act (ADA) requires covered employers generally to provide reasonable accommodations to qualified employees with disabilities. The ADA provides, however, that the employee must be able to perform…more	See All Updates »

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