Poyner Spruill LLP

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

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Transgender Issues in the Workplace

Since 2012, the U.S. Equal Employment Opportunity Commission (EEOC) has taken the position that transgender individuals are protected from discrimination under Title VII of the Civil Rights Act of 1964 (Title VII). The EEOC has…more

EEOC, Employee Restrooms, Employer Liability Issues, Gender Discrimination, Gender Identity

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Personal Liability In Business Ownership/Operation

Common practice for well advised business owners is to operate the enterprise through a chartered corporation or other limited liability entity recognized in the state(s) in which the business will be operated. The main benefit…more

Alter Ego, Limited Liability Companies, Personal Liability

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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

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When the Government Comes Knocking

This article will provide an outline of some of the most significant points for hospitals to use when confronted with a formal government investigation under the Criminal or Civil False Claims Act. As noted below, you should…more

Chief Compliance Officers, Compliance, DOJ, False Claims Act, FBI

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Corridors September 2015 - News for North Carolina Hospitals

This article will provide an outline of some of the most significant points for hospitals to use when confronted with a formal government investigation under the Criminal or Civil False Claims Act. As noted below, you should…more

CMS, Compliance, Data Protection, DOJ, Employee Privacy Rights

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Hospital Compliance Program Overview

?In the constantly evolving climate of health care enforcement, maintaining a comprehensive and effective internal compliance program has taken on added significance, especially in the past few years. While detailed coverage of…more

Affordable Care Act, Best Practices, Chief Compliance Officers, CHIP, CMS

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Corridors September 2015 - News for North Carolina Hospitals

This article will provide an outline of some of the most significant points for hospitals to use when confronted with a formal government investigation under the Criminal or Civil False Claims Act. As noted below, you should…more

CMS, Compliance, Data Protection, DOJ, Employee Privacy Rights

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Shorts on Long Term Care - February 2015

In this issue: - Document Retention in a Long Term Care Facility - Medicare RAC Program Improvements Delayed Until 2016 - “Bring Your Own Device” To Work Programs - NLRB Upends Legality of Employer Email…more

Bring Your Own Device, CMS, Document Retention Policies, Email Policies, Long Term Care Facilities

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“Bring Your Own Device” To Work Programs: Regulatory and Legal Risks and How To Minimize Them

If you’ve ever left your mobile phone on an airplane, in a restaurant, or somewhere other than in your possession, you know it’s frightening enough to think of losing the device itself, which costs a premium, as well as your…more

Bring Your Own Device, Cybersecurity, Data Breach, Data Protection, Electronic Medical Records

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A Refresher on Term Sheets and Commitment Letters

Term sheets and commitment letters are documents frequently used by lenders to outline the terms of a potential financing. However, these two documents differ with respect to what is required of, and whether the terms are…more

Commercial Loans, Commitment Letter, Contract Terms, Finance Lenders, Financing

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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

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Is Your Company Making Timely 401(K) Contributions? - You should be depositing employee contributions ASAP after every payroll!

The deposit timing rules are relatively straightforward, or so we thought... Just a few weeks ago, a client asked us for assistance in completing the 401(k) recordkeeper’s 2014 Form 5500 data questionnaire. As expected,…more

401k, Deadlines, Employee Benefits, Employer Liability Issues

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Updates To OSHA's Recordkeeping Rule

All businesses need to be aware the Occupational Safety and Health Administration (OSHA) has revised its recordkeeping rule to improve timeliness and accuracy of reports it receives relating to fatalities and severe work-related…more

OSHA, Recordkeeping Requirements, Reporting Requirements, Workplace Injury

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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

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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

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Go Head Over Heels To Protect Trade Secrets (And Other Gymnastics Related Puns)

Face it. No matter what industry you are in and no matter how big your company, there will come a day when one of your most valuable employees doesn't work there anymore. When that happens, it's natural to feel disappointed or…more

Best Practices, Customer Lists, Former Employee, Popular, Restrictive Covenants

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US Supreme Court Ruling Impacts Jail Operations

On June 22, 2015, the United States Supreme Court issued an important decision for all North Carolina counties operating county jails in which individuals are held detainees awaiting trial. In Kingsley v. Hendrickson, No…more

Detainees, Excessive Force, Jury Instructions, Kingsley v Hendrickson, Law Enforcement

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NC Appellate Courts Hold Grandfather Mountain Must Pay Property Tax

In a decision that substantially protects property tax bases for local governments in North Carolina, the North Carolina Supreme Court has declined to review a Court of Appeals decision holding that one of North Carolina’s most…more

Appeals, Commercial Use, Conservation Easements, Historical Landmarks, Property Tax

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NC Appellate Courts Hold Grandfather Mountain Must Pay Property Tax

In a decision that substantially protects property tax bases for local governments in North Carolina, the North Carolina Supreme Court has declined to review a Court of Appeals decision holding that one of North Carolina’s most…more

Appeals, Commercial Use, Conservation Easements, Historical Landmarks, Property Tax

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The Health Law Guide to Hospital Operations

This operations guide provides a brief look at health law issues hospitals deal with on a daily basis. While a detailed coverage of the elements, drafting, implementation and continued governance of a hospital compliance program…more

Anti-Kickback Statute, Certificate of Need, Chief Compliance Officers, Compliance, Confidentiality

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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

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A Refresher on Term Sheets and Commitment Letters

Term sheets and commitment letters are documents frequently used by lenders to outline the terms of a potential financing. However, these two documents differ with respect to what is required of, and whether the terms are…more

Commercial Loans, Commitment Letter, Contract Terms, Finance Lenders, Financing

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EEOC Goes Electronic - ACT Digital Charge Notification and Response System In Pilot Testing

The Equal Employment Opportunity Commission (EEOC) is implementing an online charge notification and response system called “ACT Digital.” Phase I implementation has begun in the areas covered by the Charlotte District office,…more

ACT Digital, EEOC

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Yes Virginia, There is a Duty to Monitor Retirement Plan Investments

In a recent unanimous ruling the U.S. Supreme Court confirmed what most retirement plan professionals already knew: ERISA requires plan investment fiduciaries to monitor investments and remove imprudent ones. Surprisingly to…more

Benefit Plan Sponsors, Breach of Duty, ERISA, Fiduciary Duty, Retirement Plan

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More Beer Please! Proposed House Bill Increases Production Cap for Self-Distribution Limit

Two bills have been proposed in the North Carolina House that, if passed, will have a significant impact on the craft brewing industry. These should be watched closely and supported as they broaden opportunities for the industry…more

Beer, Breweries, New Legislation

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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

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Proposed Changes to Stark Rule Would Create New Hospital Exceptions and Lessen Burden of Self-Disclosures

In a development that is limited in scope but still welcomed by hospitals, the proposed 2016 Physician Fee Schedule proposes a number of new exceptions to the physician self-referral or Stark law and other refinements that…more

CMS, Comment Period, Contract Term, DHS, Exceptions

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The Health Law Guide to Hospital Operations

This operations guide provides a brief look at health law issues hospitals deal with on a daily basis. While a detailed coverage of the elements, drafting, implementation and continued governance of a hospital compliance program…more

Anti-Kickback Statute, Certificate of Need, Chief Compliance Officers, Compliance, Confidentiality

See All Updates »

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

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President Obama’s Security Breach Notification Bill Needs Work

The White House recently released The Personal Data Notification & Protection Act as part of an extensive proposal to safeguard data and improve cyber security. The proposal was released in a preview of the State of the Union…more

Barack Obama, Breach Notification Rule, Corporate Counsel, Cybersecurity, Popular

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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

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Starting a Craft Brewery in North Carolina - Steps to Take Before You Sell a Single Bottle of Beer

Before your finely-crafted product can ever be someone’s quiet reward after a long day or before your craft brew can ever take home a Great American Beer Festival® gold medal, you must take certain steps to ensure your business…more

Breweries, Licenses, Wine & Alcohol

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An Ounce of Prevention in Health Care — The Importance of Periodic Corporate Audits

Most, if not all, health care providers operate their businesses in an entity form, such as a corporation or limited liability company (LLC). Many use multiple entities—for example, one entity to own the real estate (or a…more

Audits, Choice of Entity, Employer Liability Issues, Healthcare, LLC

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Employer Liability for Employees’ Privacy Violations: What your organization should learn from Walgreens’ expensive lesson (hint: it has little to do with HIPAA)

You may already have read the scintillating facts surrounding a jury award of $1.44 million (recently challenged unsuccessfully on appeal) against Walgreen Co. (Walgreens) following its pharmacist’s alleged inappropriate review…more

Corporate Counsel, Employer Liability Issues, Employment Policies, HIPAA, Jury Awards

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US Supreme Court Ruling Impacts Jail Operations

On June 22, 2015, the United States Supreme Court issued an important decision for all North Carolina counties operating county jails in which individuals are held detainees awaiting trial. In Kingsley v. Hendrickson, No…more

Detainees, Excessive Force, Jury Instructions, Kingsley v Hendrickson, Law Enforcement

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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

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Short-Term Relief for Small Employers Reimbursing Employee Premiums - But Significant Penalties Loom if You Don’t Stop Soon!

For nearly two years now, the IRS has been explaining that employers are no longer permitted to reimburse employees for premiums the employees paid for individual health insurance coverage…more

Affordable Care Act, Employer Group Health Plans, Health Insurance, Reimbursements

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Bank Boards and Corporate Officers Review your Policies and Procedures: Business Judgment Rule Protections May Be Loosening

A recent decision from the Fourth Circuit, Federal Deposit Insurance Corporation v. Rippy, No. 14-2078 (4th Cir. Aug. 18, 2015), may signal a weakening of the business judgment rule’s long-standing protections for corporate…more

Banking Sector, Breach of Duty, Business Judgment Rule, Community Banks, Corporate Officers

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Supreme Court Issues Decision Regarding Accommodation of Pregnant Employees

On March 25, 2015, the United States Supreme Court issued an important decision in the case of Young v. UPS, involving a claim of failure to accommodate in violation of the Pregnancy Discrimination Act (PDA). The PDA, which was…more

ADA, Disparate Treatment, PDA, Pregnancy Discrimination, Reasonable Accommodation

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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

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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

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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

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Still Reimbursing Employees For Health Insurance Premiums? You May Be Subject To Significant Penalties!

Until very recently, it was not uncommon for employers to reimburse employees for substantiated premiums paid for individual health insurance coverage. Many small employers saw this as a viable alternative to group insurance,…more

Corporate Counsel, Employee Benefits, Employer Liability Issues, Health Insurance, IRS

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DAPA and DACA: What Happened to President Obama's Executive Action?

Two Executive Actions held out hope for millions and their would-be employers: they would result in many undocumented workers being able to remain in the US for an additional three years without fear of deportation, and, equally…more

Appeals, Barack Obama, DACA, DAPA, DHS

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President Obama’s Security Breach Notification Bill Needs Work

The White House recently released The Personal Data Notification & Protection Act as part of an extensive proposal to safeguard data and improve cyber security. The proposal was released in a preview of the State of the Union…more

Barack Obama, Breach Notification Rule, Corporate Counsel, Cybersecurity, Popular

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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

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North Carolina Court Quashes Chapter 11 Debtor's Blatant Gerrymandering To Achieve Plan Confirmation

In a recent decision welcomed by creditors, the United States District Court for the Eastern District of North Carolina reversed a bankruptcy court order confirming a Chapter 11 debtor’s plan because the debtor engaged in…more

Chapter 11, Commercial Bankruptcy, Debt, Gerrymandering

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NC Court of Appeals Weighs in on Multiple Creditor’s Rights Issues

The NC Court of Appeals has issued a number of opinions this year involving lender foreclosure or collection efforts. Not all of the holdings have been monumental, but there is a common thread of useful principles, summarized..…more

Appeals, Creditors, Creditors' Rights, Debtors, Deceased

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Vendor Management Risks and Controls

What are the Risks? In an effort to heighten efficiency and cost effectiveness, many financial institutions choose to outsource certain services to third party vendors. While these providers often play a beneficial role,…more

CFPB, Financial Institutions, New Guidance, OCC, Third-Party Relationships

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Supreme Court Agrees With EEOC In Regard To Religious Accommodation

On June 1, 2015, the United States Supreme Court issued its opinion in EEOC v. Abercrombie & Fitch Stores in which it held that a job applicant can experience religious discrimination under Title VII of the Civil Rights Act of…more

Abercrombie & Fitch, Disparate Treatment, Dress Codes, EEOC, EEOC v Abercrombie

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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

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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

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DEA Rules On Disposal of Controlled Substances - What's Up? - EndNotes February 2015

Questions remain about the U.S. Drug enforcement agency’s rules on secure disposal of controlled substances and exactly how they will be implemented with regard to the disposal of controlled substances by hospice personnel..…more

Controlled Substances, DEA, Pharmaceutical, Pharmaceutical Manufacturers, Safe Drug Disposal

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Conscience Clauses for Health Care Providers

There has been a lot of news lately about a person’s right to decline to provide a service to another for reasons of conscience. For example, after the U.S. Supreme Court decision regarding marriage equality, the N.C. General…more

Abortion, AHCD, Compassionate Use Act, End-of-Life-Care, Ethics

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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

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Vendor Management Risks and Controls

What are the Risks? In an effort to heighten efficiency and cost effectiveness, many financial institutions choose to outsource certain services to third party vendors. While these providers often play a beneficial role,…more

CFPB, Financial Institutions, New Guidance, OCC, Third-Party Relationships

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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

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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

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More Beer Please! Proposed House Bill Increases Production Cap for Self-Distribution Limit

Two bills have been proposed in the North Carolina House that, if passed, will have a significant impact on the craft brewing industry. These should be watched closely and supported as they broaden opportunities for the industry…more

Beer, Breweries, New Legislation

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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

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Scripts Newsletter - October 2014

In this issue: - Health Care Decisions — Who Decides? - Medical Software Licensing — Tips from the Trenches - An Ounce of Prevention — The Importance of Periodic Corporate Audits - ACA -…more

Affordable Care Act, Audits, Consent, Healthcare, Licensing Rights

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When a Driver’s License Is More Than a Bad Picture: Is Your UCC Financing Statement Still Effective?

UCC Financing Statements Must Contain the Debtor’s Correct Name - “[A] financing statement is sufficient only if it [among other things] . . . provides the name of the debtor. “ N.C. Gen. Stat. § 25-9-502(a)(1) (emphasis…more

Article 9, Collateral, Creditors, Debtors, Driver's Licenses

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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

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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, Good Faith, Lenders, Loan Servicer

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Corridors Fall 2014 - Medicaid Reform – House Bill 1181, the Medicaid Modernization Act

With about 2.3 million North Carolina residents receiving Medicaid services for at least part of 2013, Medicaid reform is a top priority for the General Assembly. The significant funding allocations required to supplement the…more

Health Insurance, Healthcare, Medicaid, Medicaid Expansion

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Transgender Issues in the Workplace

Since 2012, the U.S. Equal Employment Opportunity Commission (EEOC) has taken the position that transgender individuals are protected from discrimination under Title VII of the Civil Rights Act of 1964 (Title VII). The EEOC has…more

EEOC, Employee Restrooms, Employer Liability Issues, Gender Discrimination, Gender Identity

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Contact

301 Fayetteville Street, Suite 1900
Raleigh, North Carolina 27601 , United States

Contact: Jackie Spivey

  • 919.783.6400

Areas of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Real Estate
  • Securities Law
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • North Carolina
Number of Attorneys

100+ Attorneys

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.

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