Nexsen Pruet, PLLC

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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March Madness for Employers: Embrace the Fun and Enjoy the Party?

With the announcement of teams this week for the 2017 NCAA Men’s Basketball Tournament, there will be the inevitable dour reports that bracket filling, live streaming, and fun (or even higher stakes) wagering will cost employers…more

Basketball, Employer Liability Issues, Employment Policies, Illegal Gambling, March Madness

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Title IX Meets VII: Grappling with Gender-Based Harassment and Discrimination in Education

Employers in education are familiar with Title IX of the Education Amendments of 1972 and its applicability to all schools receiving federal funding. Title IX states that “No person in the United States shall, on the basis of…more

Dear Colleague Letter, DOE, FERPA, Gender Discrimination, Gender Identity

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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

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The New Defend Trade Secrets Act: Implications For Employers

With the enactment of the federal Defend Trade Secrets Act of 2016 (DTSA), owners of trade secrets now have the ability to bring a cause of action for misappropriation of trade secrets in federal court. Previously, employers…more

Asset Seizure, Confidential Information, Defend Trade Secrets Act (DTSA), Economic Espionage Act, Misappropriation

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Redlining Action Against BancorpSouth: The Department of Justice and the Consumer Financial Protection Bureau Join Forces

Late last year, the Department of Justice (“DOJ”) and the Consumer Financial Protection Bureau (“CFPB”) brought a joint action against Hudson City Savings Bank (“Hudson Bank”) for redlining. Hudson Bank, based in New Jersey, was…more

CFPB, Civil Monetary Penalty, Civil Rights Act, Consent Order, DOJ

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Working Around the Courtroom: Is Arbitration for You?

Within hours of Gretchen Carlson suing then-Fox News CEO Roger Ailes for sexual harassment, Ailes’ attorney responded that Carlson was “desperately attempting to litigate [her termination] in the press.” It didn’t take much…more

American Express, American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, Class Action

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CentsAbility: Creditors' Rights Law Update - If you Have an Objection, Speak Now or Forever Hold Your Peace

A creditor recently received a wake-up call from the Bankruptcy Court for the District of South Carolina in In re Crawford, an opinion issued by the Court on June 8, 2015. In Crawford, the Court granted the debtors’ motion to…more

Attorney's Fees, Bankruptcy Code, Chapter 13, Creditors, Debtors

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(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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Fourth Circuit’s Decision in Cargo Loss Case Should Be Wake-Up Call for Motor Carriers as to Limitation of Liability

Motor carriers attempting to limit their liability for shipments of cargo should take note of a recent Fourth Circuit decision, ABB Inc.v. CSX Transportation, Inc., 721 F.3d 135 (4th Cir. 2013), that found in favor of a shipper…more

Trucking Industry

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NC Legislative Update - March 2017 #3

The Week - Last Friday, a three-judge panel issued a split decision in the ongoing legal battle between the State’s executive and legislative branches. The panel ruled that the Senate did in fact have the authority to confirm…more

Legislative Agendas, Legislative Committees, New Legislation, Nominations, Proposed Legislation

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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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The Basics of Unemployment Taxes

Nearly all private employers in the Carolinas are required to pay quarterly unemployment insurance (“UI”) taxes to the relevant state unemployment agency on behalf of their employees. Like other insurance and tax obligations,…more

Employer Liability Issues, Payroll Taxes, Tax Rates, Unemployment, Unemployment Insurance

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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 Closely Follow Gorsuch Confirmation Hearing as He May Cast Deciding Vote on Validity of Class Action Waivers

March 22, 2017 marks the third day of the confirmation hearing for U.S. Supreme Court nominee Neil Gorsuch. Many employers throughout the Carolinas are watching the process with interest given the impact Judge Gorsuch would…more

Arbitration Agreements, Class Action, Employer Liability Issues, Federal Arbitration Act, FLSA

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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

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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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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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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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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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Top 10 OSHA Citations for 2016

The federal Occupational Safety and Health Administration publishes a list annually of its top 10 most frequently cited alleged violations. The list changes little from year to year, but it is worthwhile for employers to review…more

Employer Liability Issues, Labor Law Violations, OSHA, Workplace Safety

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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

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New Hope for Employee Handbooks?

During the prior Administration, the National Labor Relations Board (NLRB) scrutinized employment policies contained in handbooks and policy manuals, and found many of the policies unlawful under the theory that they “chilled”…more

Corporate Counsel, Employee Handbooks, Employment Policies, NLRA, NLRB

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Pokémon Go in the Workplace: Catch all the Issues before They Catch You

The new smartphone app, Pokémon Go, has taken the world by storm. This increasingly popular free game uses the GPS feature and camera of the player’s smartphone to capture creatures called “Pokémon” who appear on the user’s…more

Employer Liability Issues, Lost Productivity, Mobile Apps, Mobile Devices, Pokemon

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Business Visas to Europe This Summer?

“Reciprocity” Could Hit Hard for the Unaware - Currently, U.S. visitors traveling to Europe on business or as tourists, in most cases, do not need a visa to travel to most countries in the European Union. However, this soon…more

Business Visas, EU, Reciprocity Rules, Visa Waiver Program, Visas

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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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District Court Opines That The Words Used In An Insurance Policy Actually Mean What They Say

Many practitioners, both near and far, assert that a good number of our courts’ opinions, whether at the state or the federal level, are simply “result oriented” decisions where the court has decided what result it wants to…more

Boilerplate Language, Contract Interpretation, Liability Insurance, Plain Meaning

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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

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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

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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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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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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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Quid Pro Quo: When a “Gift” is not a Gift

When it comes to properly documenting property and cash donations, most charities are well-versed with the IRS’ substantiation rules. But equally as important to those rules are the disclosure requirements regarding quid pro quo…more

Charitable Donations, Easements, Insider Trading, IRS, Personal Benefit

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BEWARE: Certain Acts of Community Management Companies Constitute the Unauthorized Practice of Law in South Carolina

In an opinion expected to affect community management companies and owners’ associations throughout the State, the South Carolina Supreme Court has provided clarification as to what it deems to constitute the unauthorized…more

Declaratory Judgments, Jurisdiction, Owners Associations

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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

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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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An Employer's Compliance Checklist to the EEOC's Final Wellness Program Regulations

Employers implementing wellness programs have a number of laws to navigate: the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA); the Americans with Disabilities Act (ADA); and the Genetic…more

ADA, Confidentiality Agreements, Disability Discrimination, EEOC, GINA

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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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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 - March 2017

Rescission of Previous Administration’s Guidance Relating to Transgender Students - On February 22, 2017, the U.S. Department of Justice and U.S. Department of Education released a Dear Colleague Letter rescinding the…more

Dear Colleague Letter, DOE, DOJ, Gender Discrimination, Gender Identity

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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

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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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Construction Law Alert: “P3” is Way More than a New Buzzword - North Carolina's Approval of Public-Private Partnerships and Design-Build Procurement

August 23rd marks the one-year anniversary of House Bill 857 (“HB 857”) becoming law in North Carolina. Through the enactment of HB 857, the Tar Heel state opened its doors to what is commonly referred to across the country as…more

Construction Industry, Contractors, Design-Build, New Legislation, Public Private Partnerships (P3s)

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Title IX Update - March 2017

Rescission of Previous Administration’s Guidance Relating to Transgender Students - On February 22, 2017, the U.S. Department of Justice and U.S. Department of Education released a Dear Colleague Letter rescinding the…more

Dear Colleague Letter, DOE, DOJ, Gender Discrimination, Gender Identity

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NC Legislative Update - March 2017 #3

The Week - Last Friday, a three-judge panel issued a split decision in the ongoing legal battle between the State’s executive and legislative branches. The panel ruled that the Senate did in fact have the authority to confirm…more

Legislative Agendas, Legislative Committees, New Legislation, Nominations, Proposed Legislation

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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

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Top Ten Expected Labor and Employment Law Changes by the New Trump Administration

With the inauguration behind us, what changes do we expect the Trump Administration to make to labor and employment laws? The following is a top ten list of those expected changes, as recently discussed during a webinar that…more

Affordable Care Act, DOL, EEOC, Fiduciary Rule, FLSA

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NC Legislative Update - March 2017 #3

The Week - Last Friday, a three-judge panel issued a split decision in the ongoing legal battle between the State’s executive and legislative branches. The panel ruled that the Senate did in fact have the authority to confirm…more

Legislative Agendas, Legislative Committees, New Legislation, Nominations, Proposed Legislation

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 »

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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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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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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BEWARE: Certain Acts of Community Management Companies Constitute the Unauthorized Practice of Law in South Carolina

In an opinion expected to affect community management companies and owners’ associations throughout the State, the South Carolina Supreme Court has provided clarification as to what it deems to constitute the unauthorized…more

Declaratory Judgments, Jurisdiction, Owners Associations

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NC Legislative Update - March 2017 #3

The Week - Last Friday, a three-judge panel issued a split decision in the ongoing legal battle between the State’s executive and legislative branches. The panel ruled that the Senate did in fact have the authority to confirm…more

Legislative Agendas, Legislative Committees, New Legislation, Nominations, Proposed Legislation

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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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No Longer Giving Your Employee a “Warm Welcome” or saying “Good Morning”? Court Rules that Could be Evidence of Retaliation

A recent decision from a federal court in New York serves as a reminder to employers in South Carolina and North Carolina of just how difficult an employee’s allegations of retaliation can be to challenge, and how employers…more

ADA, Adverse Employment Action, Corporate Counsel, Retaliation, Summary Judgment

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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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City Slickers and Airplane Litigation: Fight or Flight: Theobald v. Piper Aircraft, Inc.

Sometimes venue challenges are successful. Sometimes the convenience of the lawyers is not the standard for judging the proper venue for a lawsuit. In Theobald v. Piper Aircraft, Inc., 208 So.3d 287 (Fl. 2016), Florida’s Third…more

American Tort Reform Association (ATRA), Aviation Industry, Venue, Wrongful Death

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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 Lawmakers consider introducing a bond bill to address capital needs

Members of the House Ways and Means Capital Needs and Bonding Subcommittee met Tuesday morning to begin discussing a potential bond bill that could be introduced this legislative session. Chairman Brian White (R-Anderson)…more

Bonds, Legislative Agendas, Proposed Legislation, Ways and Means Committee

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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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Contact

1230 Main Street
Suite 700
Columbia, South Carolina 29201, United States

Contact: Kevin Floyd, Communications Manager

  • (803) 771-8900
  • (803) 253-8277

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

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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