Poyner Spruill LLP

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

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
| Labor & Employment Law

Don't Be a Target -- Retirement Plan Fees and Expenses

A rising number of challenges are being initiated by the plaintiffs’ bar and U.S. Department of Labor investigators in the area of retirement plan asset charges and retirement plan expenses. Some employers have had to pay…more
| Labor & Employment Law

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 last month by the Centers for Medicare & Medicaid Services (CMS) implements the 60-day rule included in the Affordable Care Act (ACA) (31 U.S.C. § 1320a-7k(d)). ACA requires…more
| Government Contracting, Health

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 Assistance, a Medicaid Integrity Contractor (MIC) will…more
| Government Contracting, Health

EEOC Files First Two Lawsuits Challenging Sexual Orientation Discrimination

On March 1, 2016, the Equal Employment Opportunity Commission (EEOC) issued a press release announcing that it had filed its first two sexual orientation discrimination claims against private sector employers. Each of these…more
| Civil Rights, Labor & Employment Law

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
| Commercial Law & Contracts, Construction Law, Finance & Banking, Real Estate - Commercial

Ask and They Shall Receive: Implications of EEOC's New Procedure for Position Statements

If you were not closely watching the Equal Employment Opportunity Commission’s (EEOC) website, you may have missed its subtle announcement changing how Respondent position statements are handled. The EEOC rolled out nationwide…more
| Civil Rights, Labor & Employment Law

CMS Model Payment & Initiatives - The Growing Target of Quality & Care Improvement in Skilled Nursing Facilities

Like it or not, the Centers for Medicare & Medicaid Services (CMS) is expanding its strong commitment to focus on quality and care improvement as the basis for payment to providers throughout the continuum of care…more
| Government Contracting, Health

It Could Happen to Anybody, and It Did - Office of Civil Rights Slams Provider For Employee’s HIPAA Violation

Have you ever decided to catch up on a little paperwork after hours or on a weekend, shoved a few resident medical or billing records into your briefcase or downloaded them onto your iPad or laptop? Sure you have. But you might…more
| Health
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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
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Other U.S. Locations
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Number of Attorneys

100+ Attorneys

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