Poyner Spruill LLP

Coming Soon to Your Inbox! Phase 2 of OCR's Audit Program for HIPAA Compliance

On March 21, 2016, the Office of Civil Rights (OCR) in the Department of Health and Human Services (HHS) announced that it was ready to begin Phase 2 of its audit program for HIPAA compliance, which will include auditing…more
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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
| Bankruptcy, Business Organizations, Finance & Banking

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
| Labor & Employment Law

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
| Business Organizations, Commercial Law & Contracts, Finance & Banking

Help! They've got Grandma's Data and They're Holding it for Ransom!

Imagine if you started to open a resident’s file on your computer and this message came up on your screen against a red background..…more
| Health, Privacy, Science, Computers, & Technology

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
| Civil Procedure, Elections & Politics, Immigration Law

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
| Civil Procedure, Government Contracting, Health

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
| Finance & Banking, Labor & Employment Law

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
| Elections & Politics, Finance & Banking, Real Estate - Residential

Draft Carefully: North Carolina Supreme Court Affirms Strict Blue Pencil Doctrine Still Applies to Non-Competes

North Carolina courts traditionally recognized their limited power in amending terms of unenforceable non-compete agreements. The “blue pencil” rule permits a court to enforce restrictions that are reasonable, while striking…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions

Understanding when Business Associate Agreements are necessary can avoid costly and embarrassing enforcement actions

A recently publicized settlement with the Office of Civil Rights of the U.S. Department of Health and Human Services highlights that it is not only important to have a HIPAA-compliant form of business associate agreement (BAA),…more
| Health, Privacy

Practical Advice for the Business Owner - Avoiding common mistakes when making incentive compensation grants to employees

Incentive compensation (e.g., stock options, restricted stock, bonus plans, phantom stock, stock appreciation rights, etc.) can be a very useful tool for aligning the incentives of employees and shareholders, as well as a means…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Labor & Employment Law, Securities Law

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
| Civil Rights, Labor & Employment Law

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
| Health

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
| Civil Remedies, Constitutional Law, Criminal Law
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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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