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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EEOC Issues Final Rule Increasing The Penalty For Violation Of Notice Posting Requirements

Employers covered by Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (the ADA) or the Genetic Information Non-Discrimination Act (GINA) (generally, employers with 15 or more employees)…more

ADA, EEOC, GINA, Notice Requirements, Statutory Penalties

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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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Statistical Sampling in FCA Case Under Review by 4th Circuit Court of Appeals

The issue of using statistical sampling in federal False Claims Act (FCA) cases has come to the fore in the 4th Circuit Court of Appeals, following a U.S. District Court decision denying its use in a case brought in South…more

Calculation of Damages, False Claims Act (FCA), Nursing Homes, Statistical Sampling, Whistleblowers

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Corridors - June 2016 - News for North Carolina Hospitals

Final CMS Rule on the Reporting and Returning of Medicare Overpayments Is a Wake-Up Call for Physicians - Effective March 14, 2016, a final rule published in February 2016 by the Centers for Medicare and Medicaid Services…more

Blue Pencil Contract Modification, CMS, False Claims Act (FCA), HIPAA Audits, Non-Compete Agreements

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Health Care Providers Operating in a Material World

Health care providers beware – the United States Supreme Court may have just equipped federal authorities with another tool for pursuing false or fraudulent claims billed to Medicare or Medicaid under the False Claims Act (FCA)…more

False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Implied Certification, Material Misrepresentation

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DOL Final Fiduciary Rule - What You Need to Know

On April 6, the Department of Labor released its long awaited final fiduciary rule, which expands the reach of ERISA's definition of "fiduciary" by redefining when a person is treated as rendering investment advice. Under the…more

Benefit Plan Sponsors, Best Interest Contract Exemptions, DOL, ERISA, Fiduciary Duty

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End Notes April 2016 - News for North Carolina’s Hospice and Palliative Care Community

Hospice Providers – Step Up to the “MIC” - After a period of relative calm on the audit front, many signs point to an increase in audit activity. According to the Program Integrity Section of the Division of Medical…more

Corporate Integrity Agreement, EEOC, HIPAA, Hospice, Medicaid

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HB2 and You: A Short Guide for North Carolina employers

Any North Carolinian not living under a rock has seen or heard something about North Carolina House Bill 2 by now. But what does this law, also known as the Public Facilities Privacy & Security Act, mean for private employers in…more

EEOC, Employer Liability Issues, New Legislation, Title VII, Transgender

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Corridors - January 2016 - News for North Carolina Hospitals

Final Stark Rule Changes Adopt New Exceptions For Hospitals and Significant Clarifications - In the Medicare Fee Schedule Final Rule with Comment Period for calendar year 2016, the Centers for Medicare & Medicaid Services…more

CMS, Corporate Misconduct, Hospitals, Quality of Care Standards, Stark Law

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Term Sheets and the Reimbursement of Due Diligence Costs

In today’s fast-paced lending environment, lenders often are required to order third-party reports and engage outside counsel prior to completing formal underwriting and issuing loan commitments. A non-binding term sheet is…more

Commitment Letter, Corporate Financing, Due Diligence, Term Sheets

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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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The Defense of Trade Secrets Act of 2016 - A new federal cause of action for trade secret misappropriation

On May 11, President Obama signed into law the Defend Trade Secrets Act of 2016. Effective immediately, the DTSA establishes a federal cause of action for trade secret misappropriation. The new statutory framework largely…more

Asset Seizure, Defend Trade Secrets Act (DTSA), Ex Parte, Misappropriation, Notice Requirements

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One Year Later: Avoiding Unfavorable Risk Weighting of Acquisition, Development, and Construction Loans for Commercial Real Estate Projects

If the number of cranes visible on skylines of metropolitan areas such as Raleigh, Charlotte, and Atlanta are any indication of the resurgence of the commercial real estate (CRE) market for now, the resounding silence of so many…more

Basel III, Commercial Real Estate Market, HVCRE Rule, Project Finance, Real Estate Development

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Caleb Wardrett v. City of Rocky Mount Police Department, Det. Clifton and Det. Denotter - United States District Court for the Eastern District of North Carolina, 2016

The federal court granted summary judgment for the City of Rocky Mount, its Police Department and detectives in a case brought against them under 42 USC §1983 where claims were asserted for malicious prosecution and false…more

Criminal Prosecution, Fourth Amendment, Respondeat Superior, Summary Judgment, Warrants

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Fourth Circuit Holds Consequential Damages Exclusion Bars $19 Million Fire Loss Claim Case Background

Poyner Spruill represented the defendant pesticide applicator, Industrial Fumigant Company (IFC), in Severn Peanut Co., Inc. v. Industrial Fumigant Co., 2015 U.S. App. LEXIS (4th Cir. Dec. 2, 2015). IFC was sued in the aftermath…more

Economic Loss Doctrine, Fire Damage, Insurance Litigation, Pesticides, Policy Exclusions

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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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Corridors - June 2016 - News for North Carolina Hospitals

Final CMS Rule on the Reporting and Returning of Medicare Overpayments Is a Wake-Up Call for Physicians - Effective March 14, 2016, a final rule published in February 2016 by the Centers for Medicare and Medicaid Services…more

Blue Pencil Contract Modification, CMS, False Claims Act (FCA), HIPAA Audits, Non-Compete Agreements

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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, Financing, Lenders

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EEOC Cautions Employers About Discrimination Against Employees who are, or are Perceived to be Muslim or Middle Eastern

Late last month the U.S. Equal Employment Opportunity Commission (EEOC) issued a statement by its Chair Jenny R. Yang, as well as two informational Question and Answer Guidance documents about discrimination against employees…more

Discrimination, EEOC, Employer Liability Issues, Muslims, New Guidance

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Corridors - June 2016 - News for North Carolina Hospitals

Final CMS Rule on the Reporting and Returning of Medicare Overpayments Is a Wake-Up Call for Physicians - Effective March 14, 2016, a final rule published in February 2016 by the Centers for Medicare and Medicaid Services…more

Blue Pencil Contract Modification, CMS, False Claims Act (FCA), HIPAA Audits, Non-Compete Agreements

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EEOC Issues Final ADA Regulations on Wellness Plans

The EEOC’s issuance on May 16, 2016, of final regulations under the Americans with Disabilities Act (ADA) on employee wellness programs represents the close of another chapter in the history of confusion regarding rules…more

ADA, EEOC, Employer Group Health Plans, Final Rules, GINA

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Just When You Thought it was Safe to Go Back in the Water: Brexit Creates Additional Uncertainty in Trans-Atlantic Privacy Compliance

In October 2015, the European Court of Justice invalidated the US-EU Safe Harbor Program in the landmark Schrems v. Data Protection Commissioner decision. The Safe Harbor was a 15-year old program that had allowed American firms…more

Binding Corporate Rules, Data Processors, EU, EU-US Privacy Shield, International Data Transfers

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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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Corridors - June 2016 - News for North Carolina Hospitals

Final CMS Rule on the Reporting and Returning of Medicare Overpayments Is a Wake-Up Call for Physicians - Effective March 14, 2016, a final rule published in February 2016 by the Centers for Medicare and Medicaid Services…more

Blue Pencil Contract Modification, CMS, False Claims Act (FCA), HIPAA Audits, Non-Compete Agreements

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Corridors - June 2016 - News for North Carolina Hospitals

Final CMS Rule on the Reporting and Returning of Medicare Overpayments Is a Wake-Up Call for Physicians - Effective March 14, 2016, a final rule published in February 2016 by the Centers for Medicare and Medicaid Services…more

Blue Pencil Contract Modification, CMS, False Claims Act (FCA), HIPAA Audits, Non-Compete Agreements

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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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Lessons Learned from Target’s Data Breach Discovery Win - Five Strategies for Maintaining Privilege in the Aftermath of a Data Breach

A thousand questions immediately flood any lawyer’s mind when they first hear that their client may have been affected by a data breach. How did it happen? What data were affected? Was there any personal information affected,…more

Attorney-Client Privilege, Class Action, Corporate Counsel, Data Breach, Incident Response Plans

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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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Supreme Court: Fraudulent Conveyance Scheme Renders Debt Nondischargeable in Bankruptcy

On May 16, 2016, the U.S. Supreme Court issued its opinion in Husky International Electronic, Inc. v. Ritz. The opinion is a favorable development for creditors because it expands the types of fraudulent conduct that can prevent…more

Chapter 7, Commercial Bankruptcy, Dischargeable Debts, Fraudulent Conveyance, Husky Int'l Electronics v Ritz

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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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North Carolina Supreme Court Rejects Claims against Lender over Failed Real Estate Development

The NC Supreme Court recently affirmed the dismissal of a multitude of lender liability claims asserted against BB&T in a quasi-class action by purchasers of undeveloped lots in Brunswick County. In Arnesen et al. v. Rivers Edge…more

Class Action, Mortgage Lenders, NC Supreme Court, Real Estate Investments, RICO

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Foreclosure Protection for Service members Extended by Congress

In 2008 Congress passed legislation which extended the protection from foreclosure actions for active duty servicemembers for up to 9 months after the end of a servicemember’s military service. In 2012, Congress extended that…more

Active Duty, Foreclosure, Military Service Members, New Legislation

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ACA Limits on Arrangements that Pay for Employee Coverage

Before the Affordable Care Act (ACA), employers had a wide variety of options when it came to paying for employee coverage. One common design, particularly for smaller employers, was to reimburse employees on a pre-tax basis for…more

Affordable Care Act, Benefit Plan Reimbursements, Employer Group Health Plans, Excise Tax

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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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NLRB Continues to Target Employers’ Social Media Policies

In recent years, the National Labor Relations Board has placed increasing scrutiny on employers’ social media policies. The NLRB has specifically focused on whether such policies unlawfully interfere with employees’ right under…more

Chipotle Grill, Employer Liability Issues, NLRB, Protected Concerted Activity, Social Media Policy

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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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U.S. Supreme Court is Weighing the Merits of U.S. vs. Texas The Legality of President Obama’s Executive Action Granting Deferred Action to Parents of U.S. Citizens and Childhood Arrivals in the US

In November of 2014, Secretary of Homeland Security Johnson issued new policies based upon President Obama’s Executive Order allowing certain undocumented individuals who entered the U.S. on or before January 1, 2010, to apply…more

DACA, DAPA, Executive Orders, Immigration Reform, Obama Administration

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Lessons Learned from Target’s Data Breach Discovery Win - Five Strategies for Maintaining Privilege in the Aftermath of a Data Breach

A thousand questions immediately flood any lawyer’s mind when they first hear that their client may have been affected by a data breach. How did it happen? What data were affected? Was there any personal information affected,…more

Attorney-Client Privilege, Class Action, Corporate Counsel, Data Breach, Incident Response Plans

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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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Supreme Court: Fraudulent Conveyance Scheme Renders Debt Nondischargeable in Bankruptcy

On May 16, 2016, the U.S. Supreme Court issued its opinion in Husky International Electronic, Inc. v. Ritz. The opinion is a favorable development for creditors because it expands the types of fraudulent conduct that can prevent…more

Chapter 7, Commercial Bankruptcy, Dischargeable Debts, Fraudulent Conveyance, Husky Int'l Electronics v Ritz

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The EMV Liability Shift - What’s Next?

Over the past several years, the major credit card networks (VISA and MASTERCARD) have begun the process of converting credit card usage in the United States to the EMV standard. The EMV standard is a method of preventing…more

ATMs, Credit Cards, EMV, MasterCard, Visa Inc

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United States Department of Labor Publishes Overtime Final Rule

On May 18, 2016, the United States Department of Labor (DOL) published its Final Rule (Final Rule) updating overtime regulations under the Fair Labor Standards Act. The DOL proposed a Final Rule in June 2015 and asked for public…more

DOL, Final Rules, FLSA, Minimum Salary, Wage and Hour

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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 Industry, Safe Drug Disposal

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Who's Going Under the Bus? Federal Policy on Individual Responsibility for Corporate Wrongdoing - Corridors January 2016

In a wake-up call to health care corporate officers and managers, Deputy Attorney General Sally Yates earlier this fall announced a new, tougher U.S. Department of Justice policy regarding individual responsibility for corporate…more

Corporate Liability, Corporate Misconduct, Criminal Prosecution, DOJ, Personal Liability

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OCR Clarifies confusion with the $6.50 flat fee charge for PHI

In response to several questions received after the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) published a fact sheet in early 2016 on individuals’ rights to access protected health…more

Covered Entities, Fees, HIPAA, OCR, PHI

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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

Fair Housing Act (FHA), Fannie Mae, Interest Rates, Lenders, Mechanics Lien

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Just When You Thought it was Safe to Go Back in the Water: Brexit Creates Additional Uncertainty in Trans-Atlantic Privacy Compliance

In October 2015, the European Court of Justice invalidated the US-EU Safe Harbor Program in the landmark Schrems v. Data Protection Commissioner decision. The Safe Harbor was a 15-year old program that had allowed American firms…more

Binding Corporate Rules, Data Processors, EU, EU-US Privacy Shield, International Data Transfers

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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, Health Care Providers, Healthcare, Medical Devices, Mobile Devices

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Health Care Providers Operating in a Material World

Health care providers beware – the United States Supreme Court may have just equipped federal authorities with another tool for pursuing false or fraudulent claims billed to Medicare or Medicaid under the False Claims Act (FCA)…more

False Claims Act (FCA), False Implied Certification Theory, Federal Contractors, Implied Certification, Material Misrepresentation

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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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Residential Real Estate Marketing Services Agreements: Not Worth the Regulatory Risk

The residential mortgage origination industry has long used Marketing Services Agreements (MSAs) to establish the terms of certain marketing arrangements. An MSA, written or oral, addresses the terms according to which a…more

CFPB, Enforcement Actions, Marketing Services Agreements, Mortgage Loan Originators, Popular

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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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Secured Lenders – Stay on Top of the Law or Proceed at Your Own Risk

For years, the typical post-default strategy of secured lenders has been to foreclose the collateral through the power-of-sale contained in the deed of trust, credit the foreclosure proceeds to the outstanding loan balance, and…more

Banking Sector, Collateral, Commercial Loans, Deed of Trust, Default

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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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Equal Employment Opportunity Commission Issues New Guidance on Women’s Rights in the Workplace

On June 14, 2016, the Equal Employment Opportunity Commission (EEOC or Commission) participated in the White House United State of Women Summit. Coinciding with the Summit, the EEOC issued three resource documents that address…more

ADA, Data Collection, EEOC, Equal Pay, Gender Discrimination

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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
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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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