Nexsen Pruet, PLLC

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1230 Main Street
Suite 700
Columbia, South Carolina 29201, United States
Contact: Jackie Spivey, Business Development/Communications Manager
Phone: 919-573-7437
Areas of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Maritime Law
  • Mergers & Acquisitions
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
See more
Locations
Other U.S. Locations
  • North Carolina
  • South Carolina
Number of Attorneys
100+ Attorneys

Bankruptcy Court Finds No Stay Violation Where Creditor Initially Refused to Return Vehicle to Debtor Who Claimed Equitable Ownership Interest - Discussion of Treatment in SC and NC

From the Bankruptcy Court for the District of South Carolina : In McCall v. Anderson Brothers Bank (In re McCall), Adv. Pro. No. 16-80008-jw (Bankr. D.S.C. 2016), the Honorable John E. Waites held that a creditor did not…more

Bankruptcy Court, Chapter 13, Creditors, Debtors

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2014 E-Discovery Year in Review - "Courts continued in 2014 to endorse the use of technology to improve the efficiency and accuracy of document review management..."

2014 demonstrated that management and discovery of electronic information continues to be a challenging issue in litigation. A review of 2014 court decisions also underscores the importance of litigation hold notices, records…more

Attorney-Client Privilege, Barko v Halliburton, Discovery, Duty to Preserve, e-Discovery

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Don’t Let a Legal Claim Eclipse This Solar Event

On the afternoon of August 21, 2017, the first total eclipse to touch the U.S. mainland since 1979 will cut a “path of totality” through the Carolinas (including Greenville, Columbia, and Charleston). While communities along…more

Rest and Meal Break, Safety Precautions, Workplace Safety

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Don’t Let a Legal Claim Eclipse This Solar Event

On the afternoon of August 21, 2017, the first total eclipse to touch the U.S. mainland since 1979 will cut a “path of totality” through the Carolinas (including Greenville, Columbia, and Charleston). While communities along…more

Rest and Meal Break, Safety Precautions, Workplace Safety

See all updates »

New North Carolina Sales Tax Provisions for Contracts Related to Real Property

This alert is relevant for contractors who perform construction services on real property in the state of North Carolina. In South Carolina, contractors remain subject to the traditional sales or use tax at the time of all…more

Affidavits, Construction Contracts, Contractors, Real Estate Market, Retailers

See all updates »

Employers Should Be Aware of Pitfalls When Entering into Severance Agreements

Severance agreements in the workplace have evolved considerably during the last twenty-five years. The idea of severance being paid to an employee only where a company has an established severance plan is no longer a reality…more

ADEA, EEOC, Employer Liability Issues, Release of Claims, Severance Agreements

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The NCUA's New Member Business Lending and Commercial Lending Rule, and the Lingering Issue of Spousal Guarantees

Business loans have “become a larger share of credit unions’ loans and assets.” Of those credit unions with between $100 million and $500 million in assets, over three quarters are making business loans. Of those with more…more

Credit Unions, Lending, Loans, NCUA, Spousal Guaranty

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Bankruptcy Court Finds No Stay Violation Where Creditor Initially Refused to Return Vehicle to Debtor Who Claimed Equitable Ownership Interest - Discussion of Treatment in SC and NC

From the Bankruptcy Court for the District of South Carolina : In McCall v. Anderson Brothers Bank (In re McCall), Adv. Pro. No. 16-80008-jw (Bankr. D.S.C. 2016), the Honorable John E. Waites held that a creditor did not…more

Bankruptcy Court, Chapter 13, Creditors, Debtors

See all updates »

(INFOGRAPHIC) Amalgamation of Interests - or How to Ensure You Wasted Time Setting Up Multiple Project Companies

There is a fairly customary practice in real estate development and construction intended to take advantage of the liability protections afforded by the Uniform Limited Liability Company Act. The practice is very…more

C-Corporation, Choice of Entity, General Contractors, General Partnerships, Limited Liability Company (LLC)

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Can Our Association Do That? FCA Adopts New Rule for Farm Credit Subsidiaries

The Farm Credit Administration has adopted a new final rule governing the ownership and use of unincorporated business entities (UBEs) by Farm Credit System institutions. It applies to investments by System institutions in…more

Collateral, Farm Credit Administration, Subsidiaries

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Equitable Estoppel Halts Insurer’s Success In Bad Faith Claim

Demonstrating that equitable estoppel can create genuine obstacles for insurers, the court in the Middle District of North Carolina denied a carrier relief to which it would have otherwise been entitled based upon the carrier’s…more

Allstate, Bad Faith, Equitable Estoppel, Insurance Industry

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NC Legislative Update - Special Session - August 2017

Last Week - Lawmakers reconvened last Thursday for two sessions in one day. Pursuant to the June 30th adjournment resolution, lawmakers were to reconvene August 3rd at 12:00 noon, in order to address veto overrides,…more

Governor Cooper, Legislative Agendas, Misclassification, Regulatory Reform

See all updates »

Religious Accommodations: When Biometric Scanners and the Mark of the Beast Collide

Increasingly, employers are turning to biometric scanners – usually a fingerprint or hand scanner – to track employees’ working time. This method for clocking in and out is generally more efficient and accurate than traditional…more

Biometric Information, Civil Rights Act, EEOC, Employment Litigation, Religious Accommodation

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Clear as mud? Understanding your ethical duties as a “dirt” lawyer

1. Do you “reply to all” on emails? Should you? With the ease of email communications, thought needs to be given before you respond to an email and hit “reply to all.” With traditional correspondence by mail to opposing…more

Attorney Malpractice, Attorney's Fees, Attorney-Client Privilege, Confidential Information, Ethics

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Cost Cutting and Efficiency for 2017 - Tactics revealed for business transactions

Cutting costs and increasing efficiency are likely near the top of your business resolutions for the new year. Reflecting on some 2016 deal closings has revealed tactics for cutting costs and increasing efficiency in closing…more

Business Development, Strategic Planning

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Does Your Company Need an Affirmative Action Plan?

Executive Order (EO) 11246 prohibits federal contractors and subcontractors from discriminating against employees and applicants on the basis of race, color, religion, sex, sexual orientation, sexual identity, or national…more

Affirmative Action, Anti-Discrimination Policies, Discrimination, EEO-1, Executive Orders

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2017 Legislation Aims to Diminish Developer Control of Homeowner Associations in South Carolina - Pre-Filed South Carolina Legislation Signals Push to Regulate Developers

In 2016, the South Carolina legislature organized a study committee, titled the "South Carolina Committee on Homeowners Associations," which explored various issues affecting the level of authority that developers have over…more

Homeowners' Association, New Legislation, Property Owners, Real Estate Development

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Employers Cannot Be Mandated to Provide Paid Sick Leave in Carolinas

The issue of paid time off for employees remains a debated issue throughout the nation. Currently, there is no federal law mandating private employers provide paid time off for employees. While many states and cities have…more

Earned Sick Time, Employee Rights, Paid Leave, Paid Sick Leave Act, PTO

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Comparison of Economic Development Incentives for South Carolina and North Carolina

In This Presentation: - Business Consideration – Electricity Rates - South Carolina vs. North Carolina - Corporate License Fees/ Franchise Taxes - Income Tax Rates (C Corps) - Income Tax…more

Apportionment, Economic Development, Exemptions, Franchise Taxes, Income Taxes

See all updates »

A Word of Warning When it Comes to Contracting With the Federal Government: Beware

Employers who regularly contract with the federal government are, most likely, already well aware that doing so can be both difficult and complex. This is particularly the case this time of year, when many are undergoing…more

Affirmative Action, Compliance, Federal Contractors, OFCCP, Recordkeeping Requirements

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"Governor McCrory Announces Appointments to Coal Ash Management Commission"

On Tuesday, Governor Pat McCrory's office announced the formation of the Coal Ash Management Commission, including Nexsen Pruet attorney Larry Cobb…more

Coal, Coal Ash, Environmental Policies

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SC Public Policy Update - February 2017

What's New - JUDICIAL ELECTIONS - Legislators officially elected Judge George “Buck” James as the next South Carolina Supreme Court justice on Wednesday during a joint session of the General Assembly on Wednesday. He…more

Economic Development, Federal Judiciary, Judicial Election, Legislative Agendas, Legislative Committees

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How Franchise Systems Can Minimize Risks of Labor Violations

No one enjoys being the center of attention when that attention is coming from federal regulators. Yet that’s where franchise systems have found themselves of late – especially in the hospitality sector, which accounts for a…more

Compliance, DOL, FLSA, Franchises, Hospitality Industry

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Spring Fashion Season: The Time is Ripe for Rip-Offs and the Industry Still Awaits a Remedy

It’s March, and in Charleston thoughts turn to longer days, spring break and, relatively recently, fashion. The tents go up in Marion Square mid-month for fashion fans to enjoy a week of shows featuring new designs and clothes…more

Copyright, Fashion Industry, Pleadings, Proposed Legislation

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What’s Next in Foreign Direct Investment for the Carolinas?

Forget the “summer slump” – the summer of 2017 has been one for the books when it comes to foreign investment in the Carolinas. At the end of June, South Korean conglomerate Samsung made a monumental decision to locate an…more

Foreign Direct Investment, Foreign Investment

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The Construction Industry on Twitter - Feeds You Should Follow

I am the poster child for the idea that Twitter isn't just for young(er) people. Because of its short, quickly read descriptions and ease of viewing, Twitter has become my preferred source for quick access to news and…more

Construction Industry, Social Networks, Twitter

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Creditors Rights Suffers a Major Depression in North Carolina

So, What can a Lender Count on from a Guarantor? - In 1933, the North Carolina legislature in reaction to the Great Depression enacted certain defenses against alleged abuses by lenders exercising remedies under mortgages…more

Anti-Deficiency Provisions, Creditors, Foreclosure, Guarantors, Lenders

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An Overview of Private Charitable Foundations

A private foundation is a powerful tool for charitable giving. It is means of advancing your individual, family, or corporate mission and legacy through supporting those causes which you value the most…more

Charitable Organizations, Private Foundations, Tax Exempt

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Landowner’s Guide to Condemnation in South Carolina - The Government Wants Your Land…What Are Your Rights?

Government projects to build or expand roadways, erect public buildings, and install infrastructure, such as sewer, water and electrical lines, all require land. So long as building projects meet certain requirements, including…more

Condemnation, Eminent Domain, Fair Market Value, Infrastructure, Just Compensation

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Comparative Negligence and Crashworthiness Collide at the South Carolina Supreme Court

The South Carolina Supreme Court recently held that the comparative negligence of a plaintiff, in causing a vehicular collision, is not a defense to product liability crashworthiness claims brought under the theories of strict…more

Car Accident, Comparative Negligence, Design Defects, Implied Warranties, SC Supreme Court

See all updates »

Discrimination claims against Bass Pro result in $10.5 million settlement and serve as reminder to other employers

Last month, a federal court in Texas approved a settlement between the U.S. Equal Employment Opportunity Commission and Bass Pro Outdoor World LLC in a lawsuit filed by the EEOC that alleged widespread hiring discrimination and…more

Corporate Counsel, EEOC, Employment Discrimination, Hiring & Firing, Race Discrimination

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Property Subrogation Alert: Potential Property Subrogation Opportunities in South Carolina Related to the Recent Historic Rainfall and Flood Damage

In light of the recent historic rainfall and flooding in South Carolina, Nexsen Pruet’s property subrogation and recovery team would like to advise you of potential subrogation opportunities that may otherwise go overlooked…more

Construction Defects, Flood Insurance, Flooding, Homeowner's Insurance, Natural Disasters

See all updates »

New NC Law Improves Protections of Farmers Against Unionization

On July 13, 2017, North Carolina helped farmers by improving statutory protections against unionization. Although farmworkers generally do not have a statutory right to unionize under N.C. or federal law, unions are using…more

Agricultural Workers, Farm Bill, Farms, FLSA, Unions

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Reminder for Seasonal Recreational Facility Employers as Summertime Approaches: Minimum wage, overtime are not always part of equation

With graduation season upon us and temperatures warming up, it is only a matter of time before amusement and theme parks, beaches, and pools see an influx of visitors as families begin their summer vacations. Many of these…more

Amusement Parks, FLSA, Minimum Wage, Over-Time, Wage and Hour

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HR Reminder: On Sept. 18, Start using New Form I-9

The U.S. Citizenship and Immigration Services (USCIS) recently released a new version of Form I-9, which must be used on and after Sept. 18, 2017. This new form has a revision date of July 17, 2017, and is the current (and only)…more

E-Verify, Electronic Filing, Eligibility, Foreign Workers, Hiring & Firing

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Health Care Arbitration Agreements: Five Ways to Improve Enforceability

Common law judicial doctrines in almost every state discourage and restrict arbitration agreements covering personal injury or death claims. This is particularly true regarding admission contracts to nursing homes or…more

Arbitration Agreements, Arbitrators, Assisted Living Facility, Depositions, Discovery

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Harleysville Revisited - What We Know Now

In January, the SC Supreme Court issued its original opinion in Harleysville Group Insurance, a Pennsylvania Corporation v. Heritage Communities, Inc, a South Carolina Corporation; Heritage Magnolia North, Inc., et al. and…more

Construction Industry, Insurance Industry, Property Owners, Punitive Damages, Reservation of Rights

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Beckles v. United States: Supreme Court holds that sentencing guidelines may not be challenged on vagueness grounds

In a unanimous (7-0) decision, Beckles v. the United States, the U.S. Supreme Court held on Monday that defendants cannot challenge the sentencing guidelines on vagueness grounds because the guidelines, unlike statutes, are…more

Armed Career Criminal Act of 1984, Beckles v US, Federal Sentencing Guidelines, Vagueness

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Guns and the Workplace

For some, just the mention of those words in the same sentence brings to mind a number of horrible scenarios. Others immediately bristle at the idea of perceived infringement of “my right to own a gun.” In between those two…more

Concealed Carry Permit, Concealed Weapons, Employer Liability Issues, Employer No-Weapons Policies, Gun Laws

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Interested in a Crop-Share Lease?

How to be sure it is fair for the landowner and tenant - A cash land lease is a simple method of permitting one party to farm lands owned by another party. The tenant pays rent to the landowner, farms the land, and receives…more

Commercial Leases, Crops, Farms, Landlords, Tenants

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New Cause of Action from Business Court?

CentsAbility: Creditors' Rights Law Update - In a recent case from the Business Court in Brunswick County, a North Carolina Judge held that Defendants could assert a claim for breach of the duty to negotiate in good faith…more

Breach of Duty, Contract Negotiations, Good Faith, Loan Modifications

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Talc Litigation: The Big Picture

In 2015 and 2016, juries awarded $13 million in a talc case in California, and $72 million and $55 million in talc cases tried in Missouri. The California plaintiff argued that she used talcum powder which contained…more

Asbestos, Burden of Proof, Cancer, Causation, Cosmetics

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Is Your Website Subject to the ADA?

Client Alert: Demand Letters for "Lack of Compliance" - Businesses that use websites (virtually everyone) are now receiving, with increasing frequency, demands related to compliance with the Americans with Disabilities Act…more

ADA, Disability Discrimination, DOJ, Public Accommodation, Title III

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NC Legislative Update: January 2017

The 2017-18 Session of the North Carolina General Assembly - On Tuesday, Chief U.S. Supreme Court Justice John Roberts issued a stay, temporarily halting an order by the U.S. District Court for the Middle District of North…more

Department of Revenue, Legislative Agendas, Legislative Committees, Pending Legislation, Proposed Legislation

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Defending Commercial Class Actions: Recent Cases May be Giving the Defense an Edge

While the ripples from the United States Supreme Court’s 2011 decision in Wal-Mart v. Dukes are still being felt, the Court may make further class action waves this term with its pending decision in Comcast v. Behrend. This…more

Admissibility, Anti-Competitive, Burden of Proof, Class Action, Class Certification

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An Update of Flow Control Jurisprudence since United Haulers

Since United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority, 550 U.S. 330, 344 (2007), most courts have upheld local flow control ordinances as constitutional under that holding…more

Dormant Commerce Clause, Equal Protection, Trucking Industry, Waste

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South Carolina Court Decides Key Health Care Case - Physical therapists win in employment lawsuit

The South Carolina Supreme Court has decided a case with great significance in the health care industry. The court overturned a ban on physicians employing physical therapists and gave guidance regarding how state agencies make…more

Bad Faith, Conflicts of Interest, Due Process, Equal Protection, Health Care Providers

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Comparison of Economic Development Incentives for South Carolina and North Carolina

In This Presentation: - Business Consideration – Electricity Rates - South Carolina vs. North Carolina - Corporate License Fees/ Franchise Taxes - Income Tax Rates (C Corps) - Income Tax…more

Apportionment, Economic Development, Exemptions, Franchise Taxes, Income Taxes

See all updates »

New Treasury Proposed Regulations: Bad for family farms

In transferring the ownership of family farms to the next generation, it is common to take advantage of certain valuation discounts in making transfers. The Department of Treasury recently released proposed regulations under…more

Family Businesses, Farms, Gifts, Inheritance, IRC Section 2704

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New North Carolina Sales Tax Provisions for Contracts Related to Real Property

This alert is relevant for contractors who perform construction services on real property in the state of North Carolina. In South Carolina, contractors remain subject to the traditional sales or use tax at the time of all…more

Affidavits, Construction Contracts, Contractors, Real Estate Market, Retailers

See all updates »

Court Finds Broad Non-Disclosure Agreement is Unenforceable Non-Compete

Last week, in the case of Fay v. Total Quality Logistics, LLC, the South Carolina Court of Appeals ruled that language in a non-disclosure agreement was so broad it effectively became an invalid non-compete agreement. The case…more

Confidential Information, Confidentiality Agreements, Corporate Counsel, Non-Compete Agreements, Non-Disclosure Agreement

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Improving the Examiner Interview with a Little Psychotherapy

Wandering through the aisles of iTunes for interesting podcasts, I came across several on psychotherapy. Wow, I thought to myself; I can sure use these! Many of them are hosted by women who have nice voices and who interview…more

Examiners, Patent Litigation, Patents, Psychological Counseling, USPTO

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Torts & Insurance Cases from the 4th Circuit Court of Appeals - May 2017

Each month, Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts &…more

Arbitration, Discrimination, False Claims Act (FCA), FCRA, Flood Insurance

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New Guidance for Health Care Boards

On Monday, April 20th the U.S. Department of Health and Human Services Office of Inspector (HHS OIG) announced new compliance guidance that impacts health care providers across the country…more

Chief Compliance Officers, Health Care Providers, Healthcare, Internal Audit Functions, Internal Controls

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Consideration of Force Majeure in Construction Contracts

Before entering into a construction contract, consider how force majeure events are evolving in today’s world. Have you looked the risk of climate change causing more frequent unusual or severe weather? What about the…more

Climate Change, Construction Contracts, Force Majeure Clause, Terrorist Acts, TRIA

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Court Finds Hospital Subject to Sales Tax

By Order dated May 8, 2017, Judge Deborah Brooks Durden of the South Carolina Administrative Law Court upheld the Department of Revenue’s (Department) denial of Greenville Hospital System’s (GHS) request for an exemption from…more

501(c)(3), Department of Revenue, Hospitals, Sales Tax, Tax Exemptions

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South Carolina Court of Appeals Rules on Jury Trials and Class Action Waivers in Master Deeds - Decision is a good development for developers - UPDATE - July 2017

UPDATE: Based upon a settlement reached with Respondents, Petitioners filed a motion seeking dismissal of their petition for a writ of certiorari to the Court of Appeals. They also asked the Court to vacate the opinion of the…more

Appeals, Class Action, Deeds, Homeowners' Association, Jury Trial

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There's Nothing Quite Like a Silver Platter: The EEOC's New Nationwide Procedures for Releasing Respondents' Position Statements Gratis

On Feb. 18, 2016, the Equal Employment Opportunity Commission (EEOC) issued its Nationwide Procedures for Releasing Respondent Position Statements and Obtaining Responses from Charging Parties, which are retroactive to all…more

Charging Orders, Confidential Information, Discovery, EEOC, Employment Discrimination

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The Justice Department’s New Policy on Waiving Claims of Ineffective Counsel; What it Means for Carolina Courts

Recognizing that the “right to effective assistance of counsel is a core value” or our justice system, Deputy Attorney General James Cole issued a memo to federal prosecutors instructing them that they should no longer enter…more

Criminal Prosecution, Plea Negotiations, Right To Appeal, Waivers

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Contract Considerations in Dealing with Foreign Entities

On December 14, Nexsen Pruet attorneys Peter Santos, Christy Myatt, and David Garrett led a presentation to members of the Association of Corporate Counsel Research Triangle Area. The team explored how more than 10,000…more

Arbitration, Contracts for the International Sale of Goods (CISG), Dispute Resolution, Export Controls, FCPA

See all updates »

Is a Cheerleading Uniform’s Design Separable from its Utilitarian Aspects and Therefore Copyrightable? - Star Athletica V. Varsity Brands

On October 31, 2016, the Supreme Court heard arguments in the case of Star Athletica V. Varsity Brands. At the core of the case is whether the design of a cheerleading uniform, including patterns, graphics and colors, is…more

Cheerleaders, Copyright, Copyright Infringement, Fashion Design, Sports Apparel

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Supreme Court Confirms Retirement Plans of Church-Affiliated Organizations Can be Exempt from ERISA

In a much-anticipated ruling, the U.S. Supreme Court ruled on June 5 that retirement plans maintained by church-affiliated organizations can be exempt from the Employee Retirement Income Security Act (ERISA), regardless of which…more

Church Plans, Churches, ERISA, Exemptions, Retirement Plan

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Insights North Carolina Adopts Additional Creditor Protections for the Full Payment Check Law

For years, businesses and individuals in North Carolina have quietly settled unliquidated or disputed debts in good faith by tendering a check or other negotiable instrument in full satisfaction of the claim under the common law…more

Checking Accounts, Common Law Claims, Debt, Good Faith, Uniform Commercial Code (UCC)

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An Employer’s Short Guide to Employee Break Time Obligations

A recent study showed that employees who regularly take short breaks are far more productive than those who work continuously for hours on end. The study, conducted by the Draugiem Group, found that the ideal work-to-break…more

Employer Liability Issues, FLSA, Rest and Meal Break, Wage and Hour

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Are Remote Employees Eligible for FMLA Leave?

More and more employees are working remotely these days. So, what does an employer do when an employee who works from home—more than 75 miles from the employer’s office—requests FMLA leave?…more

Employee Rights, Employer Liability Issues, FMLA, Paid Leave

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The Endrew Decision: A Better Educational Standard for Special Needs Students.

March 22, 2017 will go down as a good day for parents, like me, who have a child in the public education system who has special needs. In a time when many of the exceptional children's programs in this state and in this country…more

ADA, Due Process, Endrew F. v Douglas County School District, Free Appropriate Public Education (FAPE), IDEA

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North Carolina Public Records Law 101 - A primer for economic development professionals

At the North Carolina Economic Development Association 2016 Annual Conference, I participated on a panel discussion and presentation regarding public records law requirements in North Carolina and how they affect economic…more

Destruction of Evidence, Economic Development, Inspections, Misdemeanors, Non-Profits

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Changes to North Carolina's HB2 Restore Employee Right File a Discrimination Suit in State Court

North Carolina Governor Pat McCrory signed into law House Bill 169 on July 18, 2016. The new law restores a North Carolina employee’s right to file a wrongful termination claim in North Carolina state court based on certain…more

Amended Legislation, Employment Discrimination, Governor Pat McCrory, Hiring & Firing, Private Right of Action

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Cyber Security and Loss Recovery - A New Alternative for Organizations

The largest data breaches ever have occurred since 2015, and targets have encompassed a wide spectrum of entities. Organizations affected range from U.S. DOJ and the IRS—where citizens’ personally identifying information was…more

Cyber Attacks, Cyber Insurance, Cyber Threats, Cybersecurity, Data Breach

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Updates on Environmental, Administrative and Regulatory Law: EARL e-News: EPA Strengthens Power Plant Water Discharge Regulations

On September 30, 2015, the EPA finalized a revision to its wastewater effluent standards for power plants. The new regulation (which takes effect sixty days after Federal Register publication of the revision) updates a 1982…more

Amended Regulation, Effluent Limitations, EPA, Final Rules, Operational Permits

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Title IX Update - July 2017

Office for Civil Rights Indicates Changes to Investigation Protocols - The Department of Education’s Office for Civil Rights (OCR) has reportedly released an internal memorandum indicating a change to its investigation…more

Department of Education, Educational Institutions, Higher Education Act, OCR, Title IX

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Property Subrogation Alert: Potential Property Subrogation Opportunities in South Carolina Related to the Recent Historic Rainfall and Flood Damage

In light of the recent historic rainfall and flooding in South Carolina, Nexsen Pruet’s property subrogation and recovery team would like to advise you of potential subrogation opportunities that may otherwise go overlooked…more

Construction Defects, Flood Insurance, Flooding, Homeowner's Insurance, Natural Disasters

See all updates »

Court Finds Hospital Subject to Sales Tax

By Order dated May 8, 2017, Judge Deborah Brooks Durden of the South Carolina Administrative Law Court upheld the Department of Revenue’s (Department) denial of Greenville Hospital System’s (GHS) request for an exemption from…more

501(c)(3), Department of Revenue, Hospitals, Sales Tax, Tax Exemptions

See all updates »

Reflections from a former Deputy General Counsel - How the Legal Landscape is Changing & the Real Secret to Job Security

I have seen the nature of legal services transform over the 20+ years of my career as an attorney. The evolution of the global business environment has driven some of it, but lawyers were slow adapters and we now find ourselves…more

Big Law, Business Development, Client Services, Law Practice Management, Young Lawyers

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Credit Reporting Agencies Remove Most Judgment and Lien Information from Credit Reports

Did you know that beginning July 1, 2017, the three largest nationwide credit reporting agencies, Experian, Equifax and Transunion, will delete certain civil judgment and lien information from the databases they use to create…more

Credit Reporting Agencies, Credit Reports, Liens

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Title IX Update - July 2017

Office for Civil Rights Indicates Changes to Investigation Protocols - The Department of Education’s Office for Civil Rights (OCR) has reportedly released an internal memorandum indicating a change to its investigation…more

Department of Education, Educational Institutions, Higher Education Act, OCR, Title IX

See all updates »

NC Legislative Update - Special Session - August 2017

Last Week - Lawmakers reconvened last Thursday for two sessions in one day. Pursuant to the June 30th adjournment resolution, lawmakers were to reconvene August 3rd at 12:00 noon, in order to address veto overrides,…more

Governor Cooper, Legislative Agendas, Misclassification, Regulatory Reform

See all updates »

Immigration: Waiting in Line at a U.S. Consulate Abroad

A much overlooked suspension of the Visa Interview Waiver Program could create visa processing headaches for companies employing foreign nationals. On March 6, President Trump signed an executive order directing the Secretary…more

Foreign Nationals, Immigration Procedures, Section 222, Trump Administration, Visa Waiver Program

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SC Public Policy Update - February 2017

What's New - JUDICIAL ELECTIONS - Legislators officially elected Judge George “Buck” James as the next South Carolina Supreme Court justice on Wednesday during a joint session of the General Assembly on Wednesday. He…more

Economic Development, Federal Judiciary, Judicial Election, Legislative Agendas, Legislative Committees

See all updates »

Supreme Court Confirms Retirement Plans of Church-Affiliated Organizations Can be Exempt from ERISA

In a much-anticipated ruling, the U.S. Supreme Court ruled on June 5 that retirement plans maintained by church-affiliated organizations can be exempt from the Employee Retirement Income Security Act (ERISA), regardless of which…more

Church Plans, Churches, ERISA, Exemptions, Retirement Plan

See all updates »

NC Legislative Update - Special Session - August 2017

Last Week - Lawmakers reconvened last Thursday for two sessions in one day. Pursuant to the June 30th adjournment resolution, lawmakers were to reconvene August 3rd at 12:00 noon, in order to address veto overrides,…more

Governor Cooper, Legislative Agendas, Misclassification, Regulatory Reform

See all updates »

Contract Considerations in Dealing with Foreign Entities

On December 14, Nexsen Pruet attorneys Peter Santos, Christy Myatt, and David Garrett led a presentation to members of the Association of Corporate Counsel Research Triangle Area. The team explored how more than 10,000…more

Arbitration, Contracts for the International Sale of Goods (CISG), Dispute Resolution, Export Controls, FCPA

See all updates »

Groundbreaking Trial Ends with Ruling that Grocery Store Must Make its Website ADA Accessible

In a first, a federal court in Florida ruled recently that a grocery store must make its website accessible to the disabled. The plaintiff in the case, a blind man who uses screen-reading technology to access and view websites,…more

ADA, Disability Discrimination, Grocery Stores, Injunctive Relief, Public Accommodation

See all updates »

Consideration of Force Majeure in Construction Contracts

Before entering into a construction contract, consider how force majeure events are evolving in today’s world. Have you looked the risk of climate change causing more frequent unusual or severe weather? What about the…more

Climate Change, Construction Contracts, Force Majeure Clause, Terrorist Acts, TRIA

See all updates »

South Carolina Adopts Uniform Power of Attorney

On January 1, 2017, the South Carolina Uniform Power of Attorney Act (the “Act”, codified as S.C. Code Ann. 62-8-101 through 62-8-403) replaced the South Carolina Code’s former power of attorney provisions located in Sections…more

Power of Attorney

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Public Policy Alert: Pre-filed legislation to amend South Carolina permitting law in certain coastal areas

The South Carolina Senate and House have concluded pre-filing for the 2014 Legislative Session. S.890 deals with beachfront management, so we called on Mary Shahid from our Charleston office for review. Mary co-authored…more

Coastal Real Estate, Land Developers, Permits, Proposed Legislation

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Another Assault – Another Exclusion

2017 is steadily becoming the year of the assault in South Carolina. Founders Insurance Company v. John Hamilton a/k/a Jim Hamilton, individually and d/b/a Aces High Club, Aces High Club and Kenneth Weatherford, 2017 WL 3415074,…more

Assault, Battery, Bodily Injury, Insurance Industry, Summary Judgment

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NC Legislative Update - Special Session - August 2017

Last Week - Lawmakers reconvened last Thursday for two sessions in one day. Pursuant to the June 30th adjournment resolution, lawmakers were to reconvene August 3rd at 12:00 noon, in order to address veto overrides,…more

Governor Cooper, Legislative Agendas, Misclassification, Regulatory Reform

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"Bridging the Finality Gap: Getting Appeals of the Merits and Attorneys' Fees on the Same Track"

In 1988, Seventh Circuit Judge Richard Posner observed, with characteristic flair, that litigation over attorneys’ fees “has become a heavy burden on the federal courts... It can turn a simple civil case into two or even…more

Attorney's Fees, Federal Rules of Civil Procedure, Ray Haluch Gravel v International Union of Operating Engineers

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Tax Implications for Same-Sex Married Couples Residing in The Carolinas

As the April 15th filing deadline approaches, there are important changes to note. When the U.S. Supreme Court struck down the Defense of Marriage Act (DOMA) on June 26, 2013, a number of important tax issues were raised and…more

DOMA, Same-Sex Marriage, SCOTUS, Tax Benefits, US v Windsor

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Update on State Statutes Restricting "Out-of-State" Arbitrations - IADC ADR Committee Chair Val Stieglitz of Nexsen Pruet reports on recent trends regarding state statutes restricting out of state arbitrations

Congress passed the Federal Arbitration Act (FAA) in 1925 to place arbitration agreements on the same footing as other contracts.1 Under the FAA, an arbitration provision “shall be valid, irrevocable, and enforceable, save upon…more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Jurisdiction

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Good Faith Belief in Employee’s Wrongdoing Serves as Defense Against Retaliation Claim

A recent Fourth Circuit Court of Appeals ruling may offer employers in North and South Carolina another defense against an employee’s retaliation claim: No liability for adverse action against an employee based on the employer’s…more

Appeals, Corporate Counsel, Good Faith, Harassment, Retaliation

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Legislative Update 2013 -- SC Tax Incentives Legislative Update

In This Presentation: - A.Economic Development: 1.Film 2.Port 3.Abandoned Buildings 4.Angel Investors 5.Nascar/Darlington Speedway 6.Unemployment Insurance - B.Practice and…more

Abandoned Property, Angel Investors, Bonds, Economic Development, Movies

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You Lost Your Case to the IRS: Are Accountant and Lawyer Fees Deductible?

Section 212(3) of the Internal Revenue Code [Code] provides in pertinent part: “In case of an individual, there shall be allowed as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year in…more

Accountants, Attorney's Fees, Deductibles, Internal Revenue Code (IRC), IRS

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Bad Faith: District Court Remands Case Involving In-house Adjuster

Recently, the United States District Court in South Carolina closed the door on removal of insurance bad faith actions where the in-house, non-diverse, claims adjuster is a co-defendant. In Aung v. GEICO, C.A. No.:…more

Bad Faith, Claims Adjusters, Fraudulent Joinder, Insurance Industry, Insurance Litigation

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ESI & Electronic Discovery - October 3, 2013

The emergence of mid-size firms outside the major metropolitan areas as players in the Ediscovery market is coming. Clients who are tired of soaring document hosting and review costs associated with Big Data will appreciate the…more

Big Data, Cloud Computing, Cost-Containment, Data Storage Providers, Discovery

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SC House Tax Policy Review Committee Update: June 2017

The House Tax Policy Review Committee met on Tuesday, June 6, 2017, for a briefing regarding the tax impacts of H.3516, commonly referred to as the roads bill, by Representative Gary Simrill (R-York). Tom Cone and Don Hottel,…more

Tax Credits, Tax Policy

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North Carolina Annual Reports Must Be Filed at the Secretary of State’s Office

The North Carolina Department of Revenue now accepts electronically-filed corporation income tax returns. However, the NC DoR "DOES NOT permit or accommodate the e-filing of annual reports." That means corporate taxpayers who…more

Corporate Taxes, Department of Revenue, Electronic Filing, Secretary of State, Tax Returns

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The Exclusion of Other Incident Evidence in Product Liability Litigation

A crucial issue in the successful defense of a product liability case is the exclusion of other incidents and accidents involving products of the manufacturer. In old school parlance, prior incidents were often referred to as…more

Design Defects, Evidence, Exclusions, Manufacturing Defects, Medical Devices

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