Poyner Spruill LLP

EB-5 Visas: a Source of Funding for US Businesses but not Without Risk

China’s wealthy investors are known for seeking secure havens for their money overseas. In addition to being considered a secure environment for their money, the US offers the EB-5 program providing the investor and his or her…more

| Finance & Banking, Immigration Law, International Law & Trade

Retirement Plan Fee Litigation Finds Its Way to North Carolina

Over the last few years, we have seen a significant increase in litigation involving the fees paid by retirement plans. However, until recently, no major litigation had occurred in North Carolina. On March 12, 2014, one of…more

| Labor & Employment Law, Finance & Banking, Business Torts

Script Newsletter: March 2014

In this issue: - A Look Behind the OIG’s Work Plan - Do You Need an Estate Plan? - Same-Gender Marriage Implications for Employee Benefit Plans - New Child Abuse Reporting Law Gets Tough -…more

| Civil Rights, Criminal Law, Labor & Employment Law, Health, Wills,...

New Child Abuse Reporting Law Gets Tough

“Any person who has cause to suspect that any juvenile is abused, neglected, or dependent, . . . , or has died as the result of maltreatment, shall report the case of the juvenile to the director of the department of social…more

| Criminal Law, Health

Do Your Plans Include a Time Limit on a Participant’s Right to Sue?

Some, but far from all, employee benefit plans set a limit on the amount of time a participant has to file a lawsuit claiming benefits under the plan. Until recently, however, not all courts would recognize these plan imposed…more

| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law,...

CMS Announces "Pause" in RAC Audits

On Tuesday, 2/18/14, Centers for Medicare & Medicaid Services (CMS) announced on its website that it is “pausing” the Recovery Audit Program (RA Program) in preparation for the procurement of new Recovery Audit (RA) contracts…more

| Health

New Employer Mandate Relief

Final regulations issued on February 12, 2014 contain significant new relief from the employer mandate’s shared responsibility penalty under the Patient Protection and Affordable Care Act for 2015. Previous guidance delayed…more

| Labor & Employment Law, Health, Taxation

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

| Civil Rights, Family Law, Taxation

Fourth Circuit Rules That Temporary Impairments May Be ADA Covered...

The Fourth Circuit Court of Appeals, the federal appellate court covering North Carolina, among other states, recently ruled that a temporary impairment may be a covered disability under the Americans with Disabilities Act…more

| Civil Procedure, Civil Rights, Labor & Employment Law

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