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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New OSHA Rule Impacts Employer Drug Testing Policies

On May 12, 2016, the U.S. Occupational Safety and Health Administration (OSHA) published its new final rule to "Improve Tracking of Workplace Injuries and Illnesses." The new rule is meant to prevent employers from…more

Anti-Retaliation Provisions, Drug Testing, Final Rules, OSHA, Reporting Requirements

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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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IRS Guidance on Section 457: What Non-Profit and Governmental Employers Need to Know (Part 2)

We're back with the second installment in our series on the IRS's Section 457 proposed rules. The first alert covered Section 457(f) basics and discussed the meaning of "deferred" compensation…more

Deferred Compensation, IRS, Non-Profits, Proposed Regulation, Public Employers

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Shorts On Long Term Care July 2016 - News for the NC LTC Community

Just when you thought things couldn’t get much worse for skilled nursing facility providers in terms of civil money penalties and other survey sanctions, it did. All of a sudden, we’ve noticed in our practice a marked uptick in…more

Civil Monetary Penalty, CMS, Dispute Resolution, Long Term Care Facilities, Rating System

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EndNotes - September 2016 - News for North Carolina's Hospice and Palliative Care Community

Nondiscrimination Final Rule under the ACA Imposes New Requirements on Hospice Agencies - On May 26, 2016, the United States Department of Health and Human Services (HHS), Office of Civil Rights (OCR), issued the…more

Affordable Care Act, Anti-Discrimination Policies, Business Associates, Final Rules, HIPAA

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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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Governmental Employers Take Note: Court of Appeals allows employee’s claim for violation of N.C. constitution to go forward

In Tully v. City of Wilmington, No. COA15-956 (N.C. Ct. App. Aug. 16, 2016), the Court of Appeals held for the first time in North Carolina that a governmental employee had alleged a valid property and liberty interest in…more

Employer Liability Issues, Job Promotions, Policies and Procedures, Public Employees, Sovereign Immunity

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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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EndNotes - September 2016 - News for North Carolina's Hospice and Palliative Care Community

Nondiscrimination Final Rule under the ACA Imposes New Requirements on Hospice Agencies - On May 26, 2016, the United States Department of Health and Human Services (HHS), Office of Civil Rights (OCR), issued the…more

Affordable Care Act, Anti-Discrimination Policies, Business Associates, Final Rules, HIPAA

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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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OSHA's New Rule Impacts the Health Care Industry

The U.S. Occupational Safety and Health Administration (OSHA) recently issued a final rule that becomes effective January 1, 2017 requiring healthcare industry employers to electronically submit to OSHA injury and illness data…more

Drug Testing, Electronic Filing, Final Rules, Health Care Providers, OSHA

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EEOC Replaces Outdated Guidance on Retaliation

Recently, the U.S. Equal Employment Opportunity Commission (EEOC) replaced its 1998 Compliance Manual section on retaliation, issuing its final Enforcement Guidance on Retaliation and Related Issues ("the Guidance"). The…more

Anti-Retaliation Provisions, EEOC, Enforcement Guidance, Protected Activity

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New IRS Guidance on Collection of TINs for ACA Information Reporting

Recently proposed IRS regulations aim to clarify lingering questions about steps employers with self-insured health plans must take to collect and report the taxpayer identification number (TIN) of covered individuals in order…more

Affordable Care Act, Employer Mandates, Individual Mandate, IRS, Minimum Essential Coverage

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Ten Things You Need To Know About Ransomware

In 2013, hackers attacked a venerable Swansea, Massachusetts institution via ransomware. Ransomware is software that locks users out of computers or specific files until the victim pays a “fee” to release the lock. Such attacks…more

Cyber Attacks, Cyber Insurance, Data Breach, FBI, Internet of Things

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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 2017 Hospital OPPS Rule Would End Medicare Payments to Many Off Campus Facilities at the Same Levels as Hospital-Based Outpatient Departments

Published on July 14, 2016, CMS’s proposed 2017 Hospital Outpatient Prospective Payment System (OPPS) rule calls for site-neutral payments that would stop Medicare payments to many off-campus facilities at the same level as…more

Amended Regulation, Bipartisan Budget Act, CMS, Comment Period, Hospitals

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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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Inappropriate Invention Assignments, Confidentiality and non-compete Agreements - Common Small Business Owner Mistakes

Pay Me Now or Pay Me Later is a series of short tips on common legal mistakes small business owners make. Tip # 3 - Ensure employees, especially key employees, enter the appropriate invention assignment, confidentiality…more

Assignment of Inventions, Confidentiality Agreements, Hiring & Firing, Non-Compete Agreements, Small Business

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CFPB Proposals Would Restrict Use of Arbitration Clauses in Consumer Financial Services Contracts

In May 2016, the federal Consumer Financial Protection Bureau (CFPB) proposed, and requested public comments on, a new rule intended to limit the use of mandatory pre-dispute arbitration clauses in agreements governing a wide…more

CFPB, Class Action Arbitration Waivers, Consumer Contracts, Consumer Lenders, Dodd-Frank

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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 International 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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Governmental Employers Take Note: Court of Appeals allows employee’s claim for violation of N.C. constitution to go forward

In Tully v. City of Wilmington, No. COA15-956 (N.C. Ct. App. Aug. 16, 2016), the Court of Appeals held for the first time in North Carolina that a governmental employee had alleged a valid property and liberty interest in…more

Employer Liability Issues, Job Promotions, Policies and Procedures, Public Employees, Sovereign Immunity

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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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IRS Guidance on Section 457: What Non-Profit and Governmental Employers Need to Know (Part 2)

We're back with the second installment in our series on the IRS's Section 457 proposed rules. The first alert covered Section 457(f) basics and discussed the meaning of "deferred" compensation…more

Deferred Compensation, IRS, Non-Profits, Proposed Regulation, Public Employers

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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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Shorts On Long Term Care July 2016 - News for the NC LTC Community

Just when you thought things couldn’t get much worse for skilled nursing facility providers in terms of civil money penalties and other survey sanctions, it did. All of a sudden, we’ve noticed in our practice a marked uptick in…more

Civil Monetary Penalty, CMS, Dispute Resolution, Long Term Care Facilities, Rating System

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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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New IRS Guidance on Collection of TINs for ACA Information Reporting

Recently proposed IRS regulations aim to clarify lingering questions about steps employers with self-insured health plans must take to collect and report the taxpayer identification number (TIN) of covered individuals in order…more

Affordable Care Act, Employer Mandates, Individual Mandate, IRS, Minimum Essential Coverage

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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, Uniform Commercial Code (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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Can I Be Sued for Filing a Time-Barred Claim? Fourth Circuit Weighs In

Whether it’s a conscious decision or an inadvertent mistake, creditors sometimes try to recover on an old claim that is no longer enforceable by law. A debt collection lawsuit filed by a creditor can be dismissed if the lawsuit…more

Bankruptcy Code, Consumer Bankruptcy, Creditors, Debt Collection, FDCPA

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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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Shorts On Long Term Care July 2016 - News for the NC LTC Community

Just when you thought things couldn’t get much worse for skilled nursing facility providers in terms of civil money penalties and other survey sanctions, it did. All of a sudden, we’ve noticed in our practice a marked uptick in…more

Civil Monetary Penalty, CMS, Dispute Resolution, Long Term Care Facilities, Rating System

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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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The Future of Tran-Atlantic Data Transfers

Ireland was recently stunned with the news that Apple owed it 13 billion euros it did not want. The underlying tax arrangement was relatively straightforward: Corporations that do businesses in different jurisdictions often…more

EU, General Data Protection Regulation (GDPR), International Data Transfers, US-EU Safe Harbor Framework

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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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CMS Lifts Temporary Suspension of Short Stay Reviews

Effective September 12, 2016, Beneficiary and Family Centered Care (BFCC) Quality Improvement Organizations (QIOs) resumed their hospital initial patient status reviews. The purpose of these reviews is to determine the…more

CMS, Hospitals, Medicare Part A, Psychiatric Hospitals, Recovery Audit Contractors (RACs)

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Recent Decision Widens “Narrow” Door for Use of the Computer Fraud and Abuse Act against Corporate Insiders

Information security threats come from a variety of sources, including outside hackers and disloyal corporate insiders. One federal statute that may provide a powerful remedy when a company’s defenses are breached and data is…more

Computer Fraud and Abuse Act (CFAA), Data Breach, Employees, Misappropriation, Passwords

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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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CFPB Proposal to Relax Standards for the Discretionary Disclosure of Confidential Supervisory Information

In a proposed rule set forth in the August 24, 2016 Federal Register, the Consumer Financial Protection Bureau (Bureau) suggests “amendments relating to the disclosure of records and information.” While the proposal touches on…more

Banking Sector, CFPB, Confidential Information, Disclosure Requirements, Proposed Regulation

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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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New OSHA Rule Impacts Employer Drug Testing Policies

On May 12, 2016, the U.S. Occupational Safety and Health Administration (OSHA) published its new final rule to "Improve Tracking of Workplace Injuries and Illnesses." The new rule is meant to prevent employers from…more

Anti-Retaliation Provisions, Drug Testing, Final Rules, OSHA, Reporting Requirements

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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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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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