Maynard Nexsen

Contact
Share
Info
1901 Sixth Avenue North
Suite 1700
Birmingham, Alabama 35203, United States
Phone: 336-387-5102
Areas Of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Military Law
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Alabama
  • California
  • D.C.
  • Florida
  • Georgia
  • Iowa
  • New York
  • North Carolina
  • South Carolina
  • Tennessee
  • Texas
Number of Attorneys
400+ Attorneys

FTC Makes Good on Threat to Ban Most Non-Competes

Following a narrow 3-2 vote on party lines, the Federal Trade Commission (“FTC”) approved a sweeping v yesterday that – if it survives legal challenge – would create a nationwide standard that would radically modify the current…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

See all updates »

Improving Quality of Video Content: Strategic Communications with NP Strategy

Video content continues to be king, but don’t let the demand for content sacrifice overall quality. NPS Video Services Specialist Evan Barbare spells out some easy tips for improving video content to maximize impact…more

Business Development, Content Marketing, Content Strategy, Marketing, Online Videos

See all updates »

New Stark Law and Anti-Kickback Statute Physician Wellness Program Exception

The Physician Self-Referral Law (the “Stark Law”) and Anti-Kickback Statute (“AKS”) are two of the most prominent healthcare fraud and abuse laws in the United States. The Stark Law and AKS have been in place for many years and…more

Anti-Kickback Statute, False Claims Act (FCA), Fraud and Abuse, Health Care Providers, Healthcare Fraud

See all updates »

FTC Passes Final Rule Purporting to Invalidate Non-Compete Agreements and Lawsuit Immediately Ensues: Specific Implications for Healthcare Employers

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule which purports to prohibit employers from entering into new non-compete agreements with any employee, including senior executives. The rule,…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

See all updates »

H. 3605 Results in New Programs and Procedures for the SC Department of Labor, Licensing and Regulation

The 2023 legislative session has seen the passage of several bills that garnered a great deal of attention in the media, but the SC General Assembly passed a number of other noteworthy pieces of legislation that were not as much…more

Apprenticeships, Criminal Convictions, General Assembly, State and Local Government, State Legislatures

See all updates »

Compliance with WARN for Remote Workers

Assignment of remote workers under the Worker Adjustment and Retraining Notification Act (WARN) is a complex and unsettled issue, which could be subject to legal challenge. WARN requires employers to provide written notice at…more

Employer Liability Issues, Hiring & Firing, Layoffs, Notice Requirements, Remote Working

See all updates »

The America Invents Act, Ten Years After Enactment - Part 1: “First Inventor to File”

Ten years ago, on September 16, 2011, the America Invents Act (“AIA”) became law. This article is the second in a multi-part series of articles on the significant changes introduced by the AIA and the results of those changes…more

America Invents Act, Intellectual Property Protection, Inventions, Inventors, Patent Applications

See all updates »

If You Build It, They May Sue - Floor Plans, Elevations and Copyright Infringement

You see them everywhere — Internet sites, open houses, Parade of Homes, and builders and designers providing copies of architectural works, floor plans, and depictions of home exteriors (sometimes called elevations) on which…more

Copyright, Copyright Infringement, Homeowners

See all updates »

Statutory Update – New Protections Against Broad Waivers of Lien Rights

Ensuring the language in lien waivers is conditional upon the actual receipt of payment and that the waiver is limited to the extent of payment received have long been the most crucial issues whenever presented with a lien…more

Construction Contracts, Construction Industry, Construction Liens, Construction Project

See all updates »

2024 Alabama Legislative Update: Regular Session - Week Nine

On Tuesday, the House passed the $9.3 billion 2025 Education Trust Fund (ETF) Budget and two supplemental ETF appropriations. As mentioned in previous legislative updates, the ETF is the state’s mechanism for education-related…more

Economic Development, Gaming, Legislative Agendas, State and Local Government, State Legislatures

See all updates »

Mental Health Benefits: 2023 Year-End Update

In the August issue, we delved into the proposed regulations under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (“MHPAEA”), as amended by the Affordable Care Act. By way of reminder,…more

Health Insurance, Mental Health, Mental Health Parity Rule, MHPAEA, Substance Abuse

See all updates »

Virginia Joins North Carolina and South Carolina in Prohibiting Pay-if-Paid Clauses

Imagine you are an electrical subcontractor working in Virginia for a general contractor on a commercial project. Because you perform electrical work, much of your scope falls after framing and roofing, and after the envelope…more

Construction Contracts, Construction Industry, Contractors, Pay if Paid, Subcontractors

See all updates »

COVID-19 Litigation – The Latest

It might feel like years, but it’s only been about four months since the COVID-19 pandemic was declared a national emergency in the United States. Like with the virus, we’ve watched the COVID-19 litigation landscape evolve…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases, Personal Protective Equipment

See all updates »

Work This Way: A Labor & Employment Law Podcast | Episode 14: How Employers Can Navigate Cybersecurity Issues with Brandon Robinson, Maynard Nexsen Attorney

Tina and Cherie welcome Maynard Nexsen cybersecurity and data privacy attorney Brandon Robinson on episode 14. With data breaches becoming more and more common, Brandon shares how companies and employers can prevent and address…more

Cybersecurity, Data Breach, Data Collection, Data Privacy, Data Protection

See all updates »

Everything Old is New Again: USDOL’s Reinstatement of the Totality-of-the-Circumstances Rule for Independent Contractor Analysis

The latest final rule on independent contractors issued by the U.S. Department of Labor (DOL) returns to the economics reality test effective March 11, 2024. This final rule rescinds the rule published at the end of the Trump…more

Department of Labor (DOL), Economic Realities Test, Employer Liability Issues, Fair Labor Standards Act (FLSA), Final Rules

See all updates »

2024 Alabama Legislative Update: Regular Session - Week Nine

On Tuesday, the House passed the $9.3 billion 2025 Education Trust Fund (ETF) Budget and two supplemental ETF appropriations. As mentioned in previous legislative updates, the ETF is the state’s mechanism for education-related…more

Economic Development, Gaming, Legislative Agendas, State and Local Government, State Legislatures

See all updates »

Important and Time-Sensitive Changes in the APRN Statute Effective July 1

Governor McMaster signed S. 345 (Act No. 234 of 2018) into law on Friday May 18th amending the Nurse Practice Act and expanding the scope of practice for Nurse Practitioners, Certified Nurse Midwives and Clinical Nurse…more

APRNs, Health Care Providers, Nurse Practitioners, Physicians

See all updates »

North Carolina Receiverships and the new North Carolina Commercial Receivership Act

The North Carolina Commercial Receivership Act went into effect a year ago. The Act, codified in Article 38A of Chapter 1 of the North Carolina General Statutes, was the first substantive update to existing North Carolina…more

Borrowers, Commercial Property Owners, Creditors, Lenders, Receivership

See all updates »

Commandment #9: Don't Expect Immediate Resolution - Investigations May Last For Years - When the Feds Come Knockin'

Over the last several months, I've shared my thoughts on what I've observed and experienced both as a federal prosecutor, criminal defense attorney and civil litigator in regards to federal, state or local investigations. This…more

Criminal Investigations, Federal Prosecutors, Grand Juries

See all updates »

States Mobilize for the Great Medicaid Unwinding

Enacted at the start of the COVID-19 pandemic, the Families First Coronavirus Response Act (FFCRA) required states to keep individuals continuously enrolled in their Medicaid programs throughout the public health emergency…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Health Care Providers, Medicaid

See all updates »

Muldrow v. City of St. Louis: Will SCOTUS Lighten the Prima Facie Burden For Title VII Plaintiffs?

For decades, federal courts have held that proving an “adverse employment action,” for purposes of establishing a prima facie case of discrimination under Title VII of the Civil Rights Act, requires a showing that the action…more

Adverse Employment Action, Civil Rights Act, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

The Future of DHEC is No Longer Pending

In September 2021, Nexsen Pruet published an article titled “The Future of DHEC Still Pending at the General Assembly?” Now two years later, S. 399—a bill that would split and splinter South Carolina’s largest state agency (the…more

Department of Natural Resources, General Assembly, Public Health, State and Local Government

See all updates »

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 »

A List of Current “To Do’s” for Retirement Plan Sponsors – SECURE 2.0 Act of 2022

President Biden signed The Consolidated Appropriations Act, 2023 in late December 2022. The final bill included the SECURE 2.0 Act of 2022 (“SECURE 2.0”). As we reported in a prior article, SECURE 2.0 contains a host of…more

Benefit Plan Sponsors, Employee Benefits, Required Minimum Distributions, Retirement, Retirement Plan

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)

See all updates »

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

See all updates »

Insurer Defeats Business Interruption Claim on Property Insurance Policy and Accompanying Bad Faith Claim in Federal Court in North Carolina

A Raleigh jewelry store recently lost its bid to prove coverage, bad faith and punitive damages in a classic case of seemingly strong evidence but actually nothing-burger evidence. In Michael Borovsky Goldsmith, LLC v. Jewelers…more

Bad Faith, Business Interruption, Insurance Industry, Property Damage, Property Insurance

See all updates »

The new Corporate Transparency Act and its potential impact on North Carolina commercial real estate attorneys

The Corporate Transparency Act of 2019 (“CTA”) was enacted January 1, 2021, as part of the Anti-Money Laundering Act of 2020 (“AMLA”), which is part of the National Defense Authorization Act for Fiscal Year 2021 (“NDAA”). This…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

See all updates »

Florida Client Alert:  New and Future Changes to Florida Laws Affecting Real Property

Tort reform laws are not the only significant changes underway in Florida. There also are a series of changes to Florida law that either have taken effect, will take effect, or may potentially take effect (more on that later)…more

Florida, Popular, Property Owners, Property Tax, Real Estate Market

See all updates »

Main Street Lending Program to Roll Out Shortly

On May 19, 2020 during a Senate hearing Federal Reserve Chairman Jerome Powell announced that Federal Reserve anticipates launching the Main Street Lending Program (the “Program”) near the end of May. As a result, media coverage…more

Coronavirus/COVID-19, Federal Reserve, Main Street Lending Programs, Main Street New Loan Facility, Special Purpose Vehicles

See all updates »

CMS’ Upcoming COVID-19 Vaccine Mandate: What You Need to Know Now

On September 9, 2021, President Biden announced a new “COVID-19 Action Plan” designed to mitigate the continuing effects of the Delta variant by increasing the number of vaccinated individuals. The plan includes, among other…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Reasonable Accommodation, Vaccinations

See all updates »

Advantages and Disadvantages of Offering a Level-Funded Group Health Plan

While level-funded group health plans are not entirely new, their adoption has expanded rapidly over the last few years, particularly among small to midsized employers. According to an annual KFF survey, among employers with…more

Employee Benefits, Employer Group Health Plans, Health Insurance, IRS

See all updates »

2024 Alabama Legislative Update: Regular Session - Week Nine

On Tuesday, the House passed the $9.3 billion 2025 Education Trust Fund (ETF) Budget and two supplemental ETF appropriations. As mentioned in previous legislative updates, the ETF is the state’s mechanism for education-related…more

Economic Development, Gaming, Legislative Agendas, State and Local Government, State Legislatures

See all updates »

GAO Bid Protest Annual Report to Congress for FY 2023

Last week, the U.S. Government Accountability Office ("GAO") published its much anticipated Bid Protest Annual Report to Congress for Fiscal Year 2023. GAO's annual report is required under the Competition in Contracting Act of…more

Annual Reports, Bid Protests, Contract Disputes, Document Productions, Federal Contractors

See all updates »

Project Catalyst: An Economic Development Podcast | Ep. 3: Secretary Harry Ligthsey, SC Department of Commerce

Host Tina Emerson is joined by Tushar Chikhliker, Maynard Nexsen's Economic Development Practice Group Leader, for a conversation with South Carolina Secretary of Commerce Harry Lightsey. They cover a range of topics, from South…more

Community Development, Economic Development, Marketing Perspectives, Public Finance, State and Local Government

See all updates »

SCOTUS: $200K Per Year And Employee Still Entitled To Overtime Pay

On Feb. 22, 2023, the U.S. Supreme Court weighed in on overtime exemptions under the Fair Labor Standards Act (FLSA) and held that a highly compensated employee was entitled to overtime pay because he was paid a day rate and not…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Helix Energy Solutions Group Inc v Hewitt No 21-984, Highly Compensated Employees

See all updates »

Recent FCA Settlement Highlights Small Business Certification Issues in Private Equity Transactions

The Department of Justice ("DOJ") recently announced a $1.75 million false claims settlement with a contractor that "improperly obtained government contracts that were set-aside for small businesses." The DOJ settlement…more

Buy American Act, Certifications, Cybersecurity, Department of Justice (DOJ), False Billing

See all updates »

The Often Overlooked Fluctuating Workweek Method of Computing Overtime

The U.S. Supreme Court recently ruled that a worker who earned more than $200,000 still had to be paid the overtime rate for hours worked over 40 in a workweek. As more fully explained in the recent article by my colleague…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Fluctuating Workweek, Over-Time

See all updates »

Dartmouth Refuses to Play Ball; Will it Draw a Charge?

Against the backdrop of recent Congressional hearings regarding whether collegiate athletes should be considered employees, Dartmouth has refused to collectively bargain with SEIU Local 560—the newly minted union representative…more

Collective Bargaining, College Athletes, Colleges, NLRA, NLRB

See all updates »

"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

See all updates »

H.5118 South Carolina 10-Year Energy Transformation legislation

South Carolina House of Representatives last week passed H.5118, the South Carolina Energy Security Act. The bill is supported by the South Carolina Chamber of Commerce and other business groups and opposed in part by a number…more

Energy Efficiency, Energy Sector, Renewable Energy, State and Local Government

See all updates »

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

See all updates »

Putting the “O” in PESO

In the world of public relations there is a model for everything. When it comes to handling media relations, that model strategy is known as PESO—Paid, Earned, Shared, and Owned media. The model is structured so each media type…more

Media, Media Relations, Public Relations

See all updates »

Maintenance Best Practices and Investigations

The recent collapse of the Champlain Towers building is an unimaginable tragedy and likely the quintessential worst nightmare for all involved in the construction industry. Over time, there likely will be questions about the…more

Best Practices, Construction Contracts, Construction Industry, Construction Project

See all updates »

Standards for Section 501(c)(3) Status of Limited Liability Companies

The Internal Revenue Service (IRS) issued Notice 2021-56 - Standards for Section 501(c)(3) Status of Limited Liability Companies as its first attempt to set the standards for a limited liability company (LLC) to become a…more

501(c)(3), Internal Revenue Code (IRC), IRS, Limited Liability Company (LLC), Tax Exempt Entities

See all updates »

H-1B Lottery Season – A Refresher on Eligibility Requirements and Employer Obligations

The H-1B lottery is fast approaching and set to run from March 6 through 22 this year. Whether this is your company’s first time to participate in the H-1B lottery or you are a seasoned pro, now is the ideal time to evaluate…more

Foreign Nationals, Foreign Workers, H-1B, Immigrants, Immigration Procedures

See all updates »

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 186: White Collar Crimes in Healthcare with Maynard Nexsen’s White Collar Team

This week, Heather and Lauren welcome more members of the Maynard Nexsen team, White Collar attorneys Erica Barnes, Mark Moore, and Christian Dysart. The group takes a deep dive into discussing white-collar crime in the…more

Criminal Conspiracy, Criminal Investigations, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

See all updates »

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

See all updates »

Colorado Privacy Act

Colorado Governor Jared Polis signed the Colorado Privacy Act (CPA) into law on July 7, 2021, making Colorado the third state – California and Virginia being the other two – to enact comprehensive privacy legislation. There is…more

Cybersecurity, Data Collection, Data Privacy, Data Protection, Data Security

See all updates »

Leading Through Pandemic Challenge

In recent conversations with business leaders navigating unprecedented change and uncertainty, the following four themes have emerged as helpful principles for leading through highly challenging times…more

Coronavirus/COVID-19, Corporate Governance, Infectious Diseases

See all updates »

Cybersecurity in the Construction Industry. Know Your Risks and Take Steps to Protect your Company

The digital age has enabled the construction industry to utilize new technologies to increase efficiencies and become more streamlined. Electronic communications, online banking, automated systems and digital storage of key…more

Construction Industry, Cyber Attacks, Cybersecurity, Data Breach, Hackers

See all updates »

Legislatures Nationwide Take Steps to Limit Property Ownership by Foreign Adversaries

Legislatures across the country are busy addressing numerous topics impacting individual and corporate interests from coast to coast. The Maynard Nexsen team regularly monitors legislation in all of the states where we maintain…more

CFIUS, Commercial Property Owners, Foreign Adversaries, Foreign Ownership, Governor DeSantis

See all updates »

How "Highest and Best Use" Can Substantially Impact Just Compensation for Landowners

The taking of private property for public use is referred to as condemnation or eminent domain. While federal, state, and municipal governments may unilaterally take private property for public use, landowners are…more

Condemnation, Fifth Amendment, Just Compensation, Private Property, Takings Clause

See all updates »

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 »

Department of Labor Issues Final Rule Expanding Overtime Eligibility

On April 23, 2024, the U.S. Department of Labor (DOL) published its final rule raising the salary thresholds for overtime pay exemptions.  The new rule will drive up payroll costs across many industries.  In fact, the DOL…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Minimum Salary

See all updates »

[Webinar] Corporate Issues Affecting Life Sciences Companies - March 31st, 11:00 am - 11:45 am EST

Nexsen Pruet is starting a webinar series focusing on Life Sciences companies in the Carolinas. These webinars will focus on various legal and regulatory issues that Life Sciences companies deal with on a daily basis. They are…more

Corporate Liability, Health Care Providers, Life Sciences, Pharmaceutical Industry, Physicians

See all updates »

GAO Decision Shows that Even a 1-Day Lapse in SAM Registration Can Sink Your Bid

As many government contractors know all too well, doing business with the government requires contractors to become familiar with and adhere to countless rules and regulations governing the procurement process. As shown in a…more

Court of Federal Claims, Federal Acquisition Regulations (FAR), Filing Deadlines, GAO, Registration

See all updates »

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 186: White Collar Crimes in Healthcare with Maynard Nexsen’s White Collar Team

This week, Heather and Lauren welcome more members of the Maynard Nexsen team, White Collar attorneys Erica Barnes, Mark Moore, and Christian Dysart. The group takes a deep dive into discussing white-collar crime in the…more

Criminal Conspiracy, Criminal Investigations, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

See all updates »

COVID-19 Impact on Alcohol Sales in South Carolina

March 23 Update:On March 21, 2020, South Carolina Governor Henry McMaster issued Executive Order 2020-12, allowing curbside pickup of beer and wine in sealed containers. This does not authorize or apply to open containers,…more

Coronavirus/COVID-19, Infectious Diseases, Public Health, State and Local Government, Wine & Alcohol

See all updates »

Know Your State’s Voting Leave Laws

2024 is an election year, which brings with it challenges in the workplace and legal considerations for employers. As the year progresses, employers should be mindful of state laws concerning voting leave for employees,…more

Employee Rights, Employer Liability Issues, Paid Leave, State Labor Laws, Voting Leave

See all updates »

Work This Way: A Labor & Employment Law Podcast | Episode 14: How Employers Can Navigate Cybersecurity Issues with Brandon Robinson, Maynard Nexsen Attorney

Tina and Cherie welcome Maynard Nexsen cybersecurity and data privacy attorney Brandon Robinson on episode 14. With data breaches becoming more and more common, Brandon shares how companies and employers can prevent and address…more

Cybersecurity, Data Breach, Data Collection, Data Privacy, Data Protection

See all updates »

GAO Bid Protest Annual Report to Congress for FY 2023

Last week, the U.S. Government Accountability Office ("GAO") published its much anticipated Bid Protest Annual Report to Congress for Fiscal Year 2023. GAO's annual report is required under the Competition in Contracting Act of…more

Annual Reports, Bid Protests, Contract Disputes, Document Productions, Federal Contractors

See all updates »

Virginia Joins North Carolina and South Carolina in Prohibiting Pay-if-Paid Clauses

Imagine you are an electrical subcontractor working in Virginia for a general contractor on a commercial project. Because you perform electrical work, much of your scope falls after framing and roofing, and after the envelope…more

Construction Contracts, Construction Industry, Contractors, Pay if Paid, Subcontractors

See all updates »

What’s the North Carolina General Assembly Been Drinking This Session?

Proposed legislation that could impact North Carolina ABC Retail Permit Holders - With the first year of the North Carolina General Assembly’s biennial session well underway, legislators have focused their work on numerous…more

Alcohol Beverage Control, Bars, General Assembly, State and Local Government, Wine & Alcohol

See all updates »

Compliance Series Part 3: Ensuring Compliance Programs are Effective

In part 3 of the compliance programs video series, Maynard Nexsen attorneys Erica Barnes and Charles Fleischmann share steps on how to ensure compliance programs are effective and working well for your business…more

Chief Compliance Officers, Compliance, Compliance Management Systems, Corporate Governance, Corporate Management

See all updates »

Mandatory Unionization at Large Federally-Funded Construction Projects

The federal infrastructure law devotes billions of dollars to construction sites and other projects. When the law was initially proposed, there was skepticism and concern that the huge federal investment would come with…more

Construction Industry, Construction Project, Federal Contractors, Project Labor Agreements, Unions

See all updates »

Legislative Update June 2021 #2

For the first time since the May 13 crossover date, the General Assembly returned to a normal pace, with the Senate holding votes Tuesday through Thursday and the House of Representatives holding votes Wednesday and Thursday…more

Coronavirus/COVID-19, Department of Environmental Quality, General Assembly, Governor Cooper, Paycheck Protection Program (PPP)

See all updates »

Compliance with WARN for Remote Workers

Assignment of remote workers under the Worker Adjustment and Retraining Notification Act (WARN) is a complex and unsettled issue, which could be subject to legal challenge. WARN requires employers to provide written notice at…more

Employer Liability Issues, Hiring & Firing, Layoffs, Notice Requirements, Remote Working

See all updates »

Fourth Circuit Ruling Finds Employee is not a “Qualified Individual” under ADA when Employee Fails to Comply with Valid Safety Requirement

On December 9, 2020, the U.S. Court of Appeals for the Fourth Circuit found that a former employee did not meet the definition of a “qualified individual” to afford protection under the Americans with Disabilities Act (ADA)…more

Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Reasonable Accommodation, Workplace Safety

See all updates »

Looking Back and Looking Forward: EEOC Enforcement Efforts

As the end of the year approaches and employers begin to look toward 2024, they need to be mindful that charges filed with the Equal Employment Opportunity Commission (EEOC), as well as lawsuits filed by the EEOC, have seen a…more

Americans with Disabilities Act (ADA), Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC), Title VII

See all updates »

Work This Way: A Labor & Employment Law Podcast | Episode 7: Foreign National Talent & The Visa Lottery with David Garrett & Stephen Davis

This week, hosts Tina and Jennie chat with fellow Maynard Nexsen attorneys David Garrett and Stephen Davis. The immigration and global mobility attorneys join us for a conversation on the steps for companies looking to hire…more

Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing, Immigration Procedures

See all updates »

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 157: Sarah Glover, Maynard Nexsen Cybersecurity Attorney

Maynard Nexsen cybersecurity attorney Sarah Glover joins hosts Heather and Lauren to discuss cyber attacks on health care organizations. Sarah shares her perspective on risk factors, how to mitigate risk, and the cost of data…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Security

See all updates »

CMS Allows for the Coverage of Marriage and Family Therapists and Mental Health Counselors Services

For the first time, Marriage and Family Therapists (MFTs) and Mental Health Counselors (MHCs) can enroll as Medicare providers under provisions established in the Consolidated Appropriations Act of 2023. MFTs and MHCs can start…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medicare, Medicare Part B, Mental Health

See all updates »

The FTC announces it has finalized an updated version of its Endorsement Guides.

On July 26, 2023, the Federal Trade Commission (“FTC”) adopted revised Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsement Guides”). 88 FR 48092 (July 26, 2023). While the FTC has had…more

Endorsements, Federal Trade Commission (FTC), FTC Endorsement Guidelines, Social Media

See all updates »

A Win for Plaintiffs in Recent NC Ag-Gag Ruling

Much of a 2015 North Carolina law that was meant to stop activists from posing as farm workers in order to gain access to footage and information about conditions on farms has been deemed unconstitutional on Friday, June 12,…more

Agricultural Sector, Animal Health, Farm Animals, Farms, First Amendment

See all updates »

GAO Bid Protest Annual Report to Congress for FY 2023

Last week, the U.S. Government Accountability Office ("GAO") published its much anticipated Bid Protest Annual Report to Congress for Fiscal Year 2023. GAO's annual report is required under the Competition in Contracting Act of…more

Annual Reports, Bid Protests, Contract Disputes, Document Productions, Federal Contractors

See all updates »

Practical Considerations Regarding the Use of Non-Disparagement Provisions in Light of Increased Scrutiny

For years, many employers routinely drafted severance agreements to include both confidentiality and non-disparagement obligations. Over the course of 2023, several federal agencies, including the NLRB and the EEOC, issued…more

Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Former Employee, NLRB, Non-Disparagement Provisions

See all updates »

The EEOC Proposes Regulations to Help Employers Interpret the Pregnant Workers Fairness Act

We have previously discussed the passage of the Pregnant Workers Fairness Act (PWFA), which requires employers with at least 15 employees to provide reasonable accommodations to a qualified employee’s or applicant’s known…more

Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnant Workers Fairness Act, Reasonable Accommodation

See all updates »

2023 South Carolina Legislative Session: Economic Development

Though the General Assembly technically adjourned Sine Die until next January, legislators returned sooner than expected, with Governor Henry McMaster calling them back into session to address legislation regarding abortion…more

Economic Development, Legislative Agendas, State and Local Government, State Legislatures, Tax Credits

See all updates »

CMS Proposes to Dramatically Increase Amount of Civil Monetary Penalties Imposed During Nursing Home Surveys

With Nursing Homes Still Struggling to Rebuild After the COVID-19 Pandemic, is This Advisable? When The Centers for Medicare and Medicaid Services (CMS) posted the PPS and Consolidated Billing Updates for Skilled Nursing…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Long Term Care Facilities, Nursing Homes, Skilled Nursing Facility

See all updates »

Employers Can Still Say “No Carry” Under South Carolina’s New “Open Carry” Law

On August 15, 2021, South Carolina’s new “Open Carry With Training Act” took effect. Under the new “Open Carry” law, individuals who possess a South Carolina concealable weapon permit (“CWP”) can carry a concealable weapon…more

Concealed Weapons, Employment Policies, Gun Laws, Gun Permits

See all updates »

COVID-19 Flexibilities Come to an End and Other I-9 Changes

Sunset of COVID Flexibilities - For more than three years, the Department of Homeland Security (“DHS”) has allowed employers the option to virtually review Form I-9 documents for certain employees. Where new employees work…more

Coronavirus/COVID-19, Department of Homeland Security (DHS), E-Verify, Foreign Workers, Form I-9

See all updates »

2024 Alabama Legislative Update: Regular Session - Week Nine

On Tuesday, the House passed the $9.3 billion 2025 Education Trust Fund (ETF) Budget and two supplemental ETF appropriations. As mentioned in previous legislative updates, the ETF is the state’s mechanism for education-related…more

Economic Development, Gaming, Legislative Agendas, State and Local Government, State Legislatures

See all updates »

Legislatures Nationwide Take Steps to Limit Property Ownership by Foreign Adversaries

Legislatures across the country are busy addressing numerous topics impacting individual and corporate interests from coast to coast. The Maynard Nexsen team regularly monitors legislation in all of the states where we maintain…more

CFIUS, Commercial Property Owners, Foreign Adversaries, Foreign Ownership, Governor DeSantis

See all updates »

7 Things to Know About IV Hydration Therapy in South Carolina

Intravenous (IV) hydration therapy is becoming more and more popular in the United States, and South Carolina is no exception. For those unfamiliar with the business model, IV hydration therapy services involve the offering of…more

Health Care Providers, Healthcare Facilities, Physicians, Telehealth, Telemedicine

See all updates »

EEOC Issues New Guidance on Visual Disabilities in the Workplace

On July 26, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance on how the Americans with Disabilities Act (“ADA”) applies to job applicants and employees with vision impairments…more

Americans with Disabilities Act (ADA), Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Reasonable Accommodation

See all updates »

GAO Bid Protest Annual Report to Congress for FY 2023

Last week, the U.S. Government Accountability Office ("GAO") published its much anticipated Bid Protest Annual Report to Congress for Fiscal Year 2023. GAO's annual report is required under the Competition in Contracting Act of…more

Annual Reports, Bid Protests, Contract Disputes, Document Productions, Federal Contractors

See all updates »

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

See all updates »

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 188: Healthcare Valuation with Darcy Devine, Founder of Buckhead FMV

Joining Matthew and Heather this week is Darcy Devine, the founder of Buckhead FMV, which specializes in the valuation of healthcare businesses, services, and assets of all kinds. For over 20 years, Darcy has assisted hospitals,…more

Health Care Providers, Healthcare Facilities, Hospitals, Life Sciences, Physician Compensation Arrangements

See all updates »

What Employers Should Know About the Supreme Court’s Decision to end affirmative action in college admissions

In the wake of the Supreme Court’s landmark decision that prohibits universities from expressly considering race in the admissions decision-making process, scrutiny of companies’ diversity programs has increased. The aftermath…more

Affirmative Action, College Admissions, Educational Institutions, Equal Protection, Fourteenth Amendment

See all updates »

Deadlines Extended – IRS Provides Relief to Qualified Opportunity Funds and its Investors

On June 4, 2020 the IRS released Notice 2020-39 (the Notice) providing relief to Qualified Opportunity Funds (QOFs) and their investors in response to COVID-19. The Notice provides that the 180-day investment period for…more

Investment Funds, Investors, IRS, Opportunity Zones, Popular

See all updates »

The America Invents Act, Ten Years After Enactment - Part 1: “First Inventor to File”

Ten years ago, on September 16, 2011, the America Invents Act (“AIA”) became law. This article is the second in a multi-part series of articles on the significant changes introduced by the AIA and the results of those changes…more

America Invents Act, Intellectual Property Protection, Inventions, Inventors, Patent Applications

See all updates »

Leaders Leading in Crisis

When your flight encounters turbulence, have you ever looked to see if the flight attendant appears concerned? In turbulent times, it’s normal to look for help from people in leadership positions. They will generally have the…more

Best Practices, Crisis Management, Leadership, Risk Management

See all updates »

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 120: Erin Ford, Executive Vice President and COO, SCBIO

SCBIO leader Erin Ford joins Heather and Darra to discuss life sciences in South Carolina as well as SCBIO’s recent programs and successes as an economic development association. Tune in to hear Erin discuss the impressive…more

Economic Development, Economic Growth, Life Sciences

See all updates »

Looking Back and Looking Forward: EEOC Enforcement Efforts

As the end of the year approaches and employers begin to look toward 2024, they need to be mindful that charges filed with the Equal Employment Opportunity Commission (EEOC), as well as lawsuits filed by the EEOC, have seen a…more

Americans with Disabilities Act (ADA), Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC), Title VII

See all updates »

South Carolina Politics: Four Things to Watch in 2020

The once every decade is the biggest of big deals. This accounting of the U.S. population sets the stage for everything from federal funding, to congressional districting, or to whether an area will get a new post office…more

Political Candidates, Primary Elections, State and Local Government, State Elections

See all updates »

Involuntary Bankruptcy: Creditor’s Tool to Be Used with Caution - CentsAbility: Creditors' Rights Law Update

If you have ever been a creditor concerned about a debtor not paying debts as they become due or paying other creditors while ignoring your demands, then forcing the debtor into an involuntarily bankruptcy may be an option. An…more

Bankruptcy Code, Chapter 11, Chapter 7, Creditors, Debtors

See all updates »

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

See all updates »

North and South Carolina Coronavirus Litigation - UPDATED April 7, 2020

UPDATED APRIL 7, 2020, in light of Governor McMaster’s “Home or Work” Order and the Supreme Court of South Carolina’s Order “Re: Operation of the Trial Courts During the Coronavirus Emergency.” In response to the novel…more

Coronavirus/COVID-19, Crisis Management, Eviction, Infectious Diseases, Relief Measures

See all updates »

NLRB General Counsel Continues Push to Limit Employer Rights

On August 12, 2021, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued GC Memo 21-04, Mandatory Submissions to Advice, which provided an extensive list of issues to be placed at the forefront of…more

Employer Liability Issues, Employment Policies, NLRA, NLRB, NLRB General Counsel

See all updates »

COVID-19 Silver Linings for Economic Development

As we move toward brighter days ahead, what economic development opportunities await? Two come to my mind most: one is strategic and statewide in scale; the other is more tactical, playing out at the company level…more

Coronavirus/COVID-19, Economic Development, Manufacturers

See all updates »

Proposal for "March-In Rights” Threatens Patents for Government Funded Inventions

On December 8, the Biden administration unveiled a proposal to override patent rights tied to government contracts and grants, under the much-publicized “march-in rights” provision found in Section 203 of Title 35 of the U.S…more

Intellectual Property Protection, Inventions, Inventors, Patent Applications, Patents

See all updates »

OIG OKs Physician Consultant Gift Card Arrangement

On January 3, 2024, the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) published OIG Advisory Opinion No. 23-15 (the “Opinion”), which addresses a request from a consulting company (the…more

Department of Health and Human Services (HHS), Health Care Providers, MIPS, OIG, Physicians

See all updates »

Court of Appeals Upends Agricultural Permitting in South Carolina

The South Carolina Court of Appeals on Wednesday ruled that state regulator’s issuance of “no-discharge” permits for agricultural animal facilities under agriculture-specific regulations could not substitute for a “no potential…more

Agricultural Sector, Farm Animals, NPDES, Waste Disposal

See all updates »

GAO Bid Protest Annual Report to Congress for FY 2023

Last week, the U.S. Government Accountability Office ("GAO") published its much anticipated Bid Protest Annual Report to Congress for Fiscal Year 2023. GAO's annual report is required under the Competition in Contracting Act of…more

Annual Reports, Bid Protests, Contract Disputes, Document Productions, Federal Contractors

See all updates »

Work This Way: A Labor & Employment Law Podcast | Episode 9: Best Practices for Employers with John Saxon, Plaintiff’s Labor & Employment Attorney

In this episode, hosts Tina Emerson and Warren Lightfoot are joined by John Saxon, a leading plaintiff’s labor & employment attorney in the state of Alabama. As veteran employment attorneys on opposing sides, John and Warren…more

Employee Rights, Employer Liability Issues, Employment Policies, Hiring & Firing, Labor Regulations

See all updates »

7 Things to Know About IV Hydration Therapy in South Carolina

Intravenous (IV) hydration therapy is becoming more and more popular in the United States, and South Carolina is no exception. For those unfamiliar with the business model, IV hydration therapy services involve the offering of…more

Health Care Providers, Healthcare Facilities, Physicians, Telehealth, Telemedicine

See all updates »

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

See all updates »

What Lawyers and Public Relations Pros Can Learn from Each Other

In July, I wrote about the natural conflict between legal and public relations. Legal wants to win a case or obtain a permit while limiting the liability of the client. In other words, protect and achieve whatever specific…more

Public Relations, Young Lawyers

See all updates »

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 155: Amanda Loveday and Jesica Mackey, NP Strategy

NP Strategy’s public relations experts Amanda Loveday, Chief Operating Officer, and Jesica Mackey, Vice President, join us this week to discuss the firm’s work and expertise. Our guests share their advice and best practices for…more

Crisis Management, Defense Strategies, Health Care Providers, Life Sciences, Public Relations

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

See all updates »

Employers are Subject to Criminal Antitrust Charges for Wage-Fixing and No-Poaching Agreements

On January 19, 2018, the Assistant Attorney General for Antitrust, Makan Delrahim, announced that in the coming months the Department of Justice (DOJ) expects to bring its first criminal antitrust charges involving agreements…more

Antitrust Violations, Department of Justice (DOJ), Federal Trade Commission (FTC), Hiring & Firing, Human Resources Professionals

See all updates »

CONSTRUCTION CONTRACT REVIEW: Form Standards and Considerations

At Nexsen Pruet, we frequently review construction contracts and address concerns and questions about them. We negotiate, review, and customize contracts on everything from standard industry agreements—generally comprising…more

Construction Contracts, Construction Industry, Construction Project, Contract Disputes, Contract Terms

See all updates »

The Benefits of Mediation for Employers

The sudden settlement of the Dominion Voting Systems defamation action against Fox News was secured by the last minute involvement of a private mediator. As reported by The Washington Post, mediator Jerry Roscoe worked with the…more

Dispute Resolution, Employer Liability Issues, Employment Litigation, Mediation

See all updates »

Preparing for Employment Changes in 2024

As the end of 2023 draws near and employers are wrapped up with end of year matters, such as reviews, bonuses, taxes, etc., it is important that employers are also focusing on the future and aware of new laws and rules that will…more

Employer Liability Issues, Marijuana, Non-Compete Agreements, OSHA, Paid Leave

See all updates »

The America Invents Act, Ten Years After Enactment - Part 1: “First Inventor to File”

Ten years ago, on September 16, 2011, the America Invents Act (“AIA”) became law. This article is the second in a multi-part series of articles on the significant changes introduced by the AIA and the results of those changes…more

America Invents Act, Intellectual Property Protection, Inventions, Inventors, Patent Applications

See all updates »

April 2021 Fourth Circuit Tort & Insruance Cases of Interest

Periodically, Nexsen Pruet member Marc Manos, Chair-Elect 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 areas of tort &…more

Defamation, Indemnification, Insurance Claims, Insurance Industry, Insurance Litigation

See all updates »

Stark Law Group Practice Requirements

The Centers for Medicare & Medicaid Services (CMS) published updates to the CMS Voluntary Self-Referral Disclosure Protocol (SRDP) on January 23, 2023. The SRPD is the CMS process for Medicare providers and suppliers to…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medicare, Physicians, Self-Referral

See all updates »

A Primer on Health Reimbursement Arrangements

During a time when recruiting and retaining qualified employees is becoming more and more difficult, it is crucial for employers to consider (or even reconsider) their benefits offerings and determine if there are any…more

Affordable Care Act, Employee Retirement Income Security Act (ERISA), Internal Revenue Code (IRC), Medical Reimbursement, Reimbursements

See all updates »

Cybersecurity in the Construction Industry. Know Your Risks and Take Steps to Protect your Company

The digital age has enabled the construction industry to utilize new technologies to increase efficiencies and become more streamlined. Electronic communications, online banking, automated systems and digital storage of key…more

Construction Industry, Cyber Attacks, Cybersecurity, Data Breach, Hackers

See all updates »

The Buzz, An Economic Development Podcast | Episode 84: Tony Toups and Darian Harris, Advantage Capital

This week Kara Gormley Meador and Burnie Maybank, co-host of The Buzz, discuss investing in rural areas with Tony Toups, principal and member of senior management at Advantage Capital and Darian Harris, an associate on Advantage…more

Economic Development, Rural Areas, Rural Development

See all updates »

Is a Form 1099-C Always Required When Settling Disputed Debts?

The potential tax consequences to a debtor and tax reporting obligations of a creditor can become a contentious issue when settling disputed debts, although the issue often arises as an afterthought once the primary settlement…more

1099s, Creditors, Debtors, Internal Revenue Code (IRC), IRS

See all updates »

Navigating Transgender Inclusion Issues in the Workplace

June 15, 2023 marked the three-year anniversary of the United States Supreme Court’s landmark decision in Bostock v. Clayton County, holding that discrimination on the basis of gender identity or sexual orientation is sex…more

Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Title VII, Transgender

See all updates »

The NLRB Changes the Rules: The CEMEX Decision

CEMEX CONSTRUCTION MATERIALS PACIFIC, LLC - In August of this year, the National Labor Relations Board (“NLRB”) issued a seminal decision in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023), in which the…more

Cemex, Collective Bargaining, Employer Liability Issues, Labor Relations, NLRA

See all updates »

The Buzz, A SC Economic Development Video Podcast | Episode 87: EVP of Columbia Chamber of Commerce, Henri Baskins

On episode 87 our host Kara Gormley Meador and Tushar Chikhliker are joined by Henri Baskins, Executive Vice President of the Columbia Chamber of Commerce. Henri leads the Minority Business Accelerator program in Columbia, SC…more

Economic Development, Minority-Owned Businesses

See all updates »

Legislatures Nationwide Take Steps to Limit Property Ownership by Foreign Adversaries

Legislatures across the country are busy addressing numerous topics impacting individual and corporate interests from coast to coast. The Maynard Nexsen team regularly monitors legislation in all of the states where we maintain…more

CFIUS, Commercial Property Owners, Foreign Adversaries, Foreign Ownership, Governor DeSantis

See all updates »

FTC Passes Final Rule Purporting to Invalidate Non-Compete Agreements and Lawsuit Immediately Ensues: Specific Implications for Healthcare Employers

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule which purports to prohibit employers from entering into new non-compete agreements with any employee, including senior executives. The rule,…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

See all updates »

US Space Force announces "Commercial Space Strategy" to increase competitive advantage

At the 39TH Space Symposium in Colorado Springs on April 10TH, Chief of Space Operations Gen. Chance Saltzman announced the US Space Force’s (USSF) blueprint for integrating private-sector capabilities. This blueprint, dubbed…more

Aerospace, China, Innovation, Investment, Outer Space

See all updates »

Are You Ready if Cupid Strikes at Your Company?

If romantic comedies have taught us anything, it’s that romance can blossom in the workplace, especially when colleagues spend a significant amount of time together. But the movies conspicuously omit the significant risks that…more

Anti-Harassment Policies, Employer Liability Issues, Employment Policies, Love Contracts, Sexual Harassment

See all updates »

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 186: White Collar Crimes in Healthcare with Maynard Nexsen’s White Collar Team

This week, Heather and Lauren welcome more members of the Maynard Nexsen team, White Collar attorneys Erica Barnes, Mark Moore, and Christian Dysart. The group takes a deep dive into discussing white-collar crime in the…more

Criminal Conspiracy, Criminal Investigations, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

See all updates »

North Carolina is “All In” on Sports Gambling

In 2018, the United States Supreme Court handed down its decision in the case of Murphy v. National Collegiate Athletic Association, overturning the Professional and Amateur Sports Protection Act (PASPA) and effectively opening…more

Gambling, Sports Betting, Sports Gambling, State and Local Government

See all updates »

New North Carolina Commercial Receivership Act

Receiverships are a flexible, court-supervised tool that can help troubled companies and individuals with business debts avoid a lengthy bankruptcy proceedings. A receiver acts much like a bankruptcy trustee by assuming…more

Automatic Stay, Commercial Bankruptcy, Creditors, Debtors, Receivership

See all updates »

John Neiman on the Corporate Transparency Act

Representing the National Small Business Association and one of its members in a constitutional challenge of the Corporate Transparency Act, appellate attorney John Neiman shares recent developments surrounding the federal law…more

Beneficial Owner, Compliance, Constitutional Challenges, Corporate Transparency Act, National Security

See all updates »

2019 Flood Insurance Update

In February 2019, the Office of the Comptroller of the Currency, the board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Farm Credit Administration, and the National Credit Union…more

Flood Insurance, Flooding, Insurance Industry, National Flood Insurance Program, Natural Disasters

See all updates »

HHS Recommends that Marijuana be Reclassified as Schedule III Controlled Substance

On August 29, 2023, the U.S. Department of Health and Human Services (“HHS”) recommended to the Drug Enforcement Administration (“DEA”) that marijuana be reclassified from a Schedule I controlled substance to a Schedule III…more

Controlled Substances, DEA, Department of Health and Human Services (HHS), Marijuana, Schedule I Drugs

See all updates »

SC Court of Appeals Upholds Preliminary Injunction Prohibiting Former Employee from Using Personnel Information

It is rare to see an employment-law related case decided by South Carolina appellate courts; it is even more rare for the appellate courts to issue an opinion addressing a trial court’s issuance of a preliminary injunction in…more

Appeals, Employer Liability Issues, Employment Litigation, Former Employer, Personnel Records

See all updates »

Is a Contractor’s License and Building Permit Required to Install Industrial Manufacturing Equipment?

National and international manufacturing companies continue to open new manufacturing facilities, and expand their existing facilities, in North Carolina and South Carolina. This gives rise to the issue of whether the…more

Construction Contracts, Construction Industry, Construction Project, Contractors

See all updates »

Moratoriums Now in Place and New Requirements Imposed Restricting Options for Landlords When Tenants Fail to Pay Amounts Due Under Leases

On Saturday, May 30, 2020, North Carolina Governor Roy Cooper issued Executive Order No. 142 and North Carolina Supreme Court Chief Justice Cheri Beasley issued Emergency Directives 17, 18, and 19. Professionals in the North…more

Coronavirus/COVID-19, Eviction, Landlords, Leases, Moratorium

See all updates »

For-Profit Economic Development Corporations

The above title is not a misprint! Every economic development professional is quite familiar with the utilization of non-profit economic development corporations as a tool in economic development efforts. In North Carolina…more

Economic Development, Exemptions, For-Profit Corporations, Investors

See all updates »

Revamped Enforcement Policies and Priorities at the CFPB

During the past year, we were often reminded by people from all sides of the political spectrum that “elections have consequences.” This is particularly true for financial institutions as the Consumer Financial Protection Bureau…more

Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Financial Institutions, Financial Services Industry

See all updates »

The CARES Act’s Paycheck Protection Program Expands the SBA 7(a) Loan Program

For the many small and mid-size businesses impacted by the coronavirus pandemic, the recent CARES Act and other legislation adopted in earlier March 2020 offers businesses various resources for support to sustain business…more

CARES Act, Coronavirus/COVID-19, Paycheck Protection Program (PPP), Relief Measures, SBA

See all updates »

NLRB Adopts New Final Rule and Again Broadens Joint-Employment Analysis

The National Labor Relations Board (“NLRB”) recently issued a final rule, again altering the standard for joint-employer status under the National Labor Relations Act (“NLRA”). The new rule replaces the Trump-era analysis…more

Browning-Ferris Industries of California Inc., Employer Liability Issues, Final Rules, Joint Employers, NLRA

See all updates »

COVID-19 IN NORTH CAROLINA: Winning the Breach of Contract Fight over Force Majeure, Impossibility and Frustration of Purpose

As the Covid-19 pandemic continues in North Carolina, contracts – whether they are real estate, construction or other commercial contracts – are all at risk of non-performance by one of the parties. Inevitably, non-performance…more

Breach of Contract, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Nonperformance

See all updates »

OIG OKs Physician Consultant Gift Card Arrangement

On January 3, 2024, the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) published OIG Advisory Opinion No. 23-15 (the “Opinion”), which addresses a request from a consulting company (the…more

Department of Health and Human Services (HHS), Health Care Providers, MIPS, OIG, Physicians

See all updates »

Tax Refunds in South Carolina? Don’t Plan On (Much, If Any) Interest.

One little known fact in South Carolina business and politics is that every year the South Carolina General Assembly uses a budget proviso to deny taxpayers interest that should be paid on tax refunds. Instead, the interest that…more

Department of Revenue, Interest Rates, State Budgets, Tax Refunds

See all updates »

Mitigating the Effect of Construction Price Escalations

Over the past year, the volatility of construction material prices has wreaked havoc on construction budgets and caused many disputes between owners, general contractors, subcontractors, and material suppliers. For example,…more

Construction Industry, Construction Project, Contractors, Federal Acquisition Regulations (FAR), Subcontractors

See all updates »

WARN Act Considerations in an Uncertain Economy

Jenny Craig is a well-known weight management and nutrition company. It recently announced it is going out of business after 40 years. More importantly for this update, though, is that Jenny Craig is also facing a class action…more

Employer Liability Issues, Hiring & Firing, Layoff Notices, Layoffs, Notice Requirements

See all updates »

NC Legislative Update: April 15, 2019

The House continued to introduce new legislation this week in anticipation of their April 23rd bill filing deadline. Since the Senate’s bill filing deadline passed, they have focused on moving legislation though committee. The…more

Appeals, Electric Vehicles, Health Care Providers, Helmet Laws, Legislative Agendas

See all updates »

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 188: Healthcare Valuation with Darcy Devine, Founder of Buckhead FMV

Joining Matthew and Heather this week is Darcy Devine, the founder of Buckhead FMV, which specializes in the valuation of healthcare businesses, services, and assets of all kinds. For over 20 years, Darcy has assisted hospitals,…more

Health Care Providers, Healthcare Facilities, Hospitals, Life Sciences, Physician Compensation Arrangements

See all updates »

8 Reasons Why Your Business Needs a Trademark

As a social media and trademark attorney, I often get asked this question: Do I need a trademark for my business name and/or my specific products or services? And, the typical legal answer still applies – it depends!…more

Intellectual Property Protection, Trademark Registration, Trademarks, USPTO

See all updates »

Work This Way: A Labor & Employment Law Podcast | Episode 14: How Employers Can Navigate Cybersecurity Issues with Brandon Robinson, Maynard Nexsen Attorney

Tina and Cherie welcome Maynard Nexsen cybersecurity and data privacy attorney Brandon Robinson on episode 14. With data breaches becoming more and more common, Brandon shares how companies and employers can prevent and address…more

Cybersecurity, Data Breach, Data Collection, Data Privacy, Data Protection

See all updates »

Reminder of OFAC Blocked Property Report Deadline

With the ever-expanding reach of U.S. sanctions resulting in the blocking (freezing) of accounts and assets, more individuals, corporations and institutions are having to hold and account for these accounts and assets. The…more

Blocked Person, Economic Sanctions, Foreign Policy, Foreign Relations, Office of Foreign Assets Control (OFAC)

See all updates »

Work This Way: A Labor & Employment Law Podcast | Episode 13: The Americans with Disabilities Act with Stefania Bondurant

This week, Tina and Christy welcome Stefania Bondurant, an in-house employment counsel for Michelin North America, which is recognized as one of the best employers in South Carolina. They discuss the Americans with Disabilities…more

Americans with Disabilities Act (ADA), Employer Liability Issues, Employment Policies, Human Resources Professionals, Reasonable Accommodation

See all updates »

H. 3605 Results in New Programs and Procedures for the SC Department of Labor, Licensing and Regulation

The 2023 legislative session has seen the passage of several bills that garnered a great deal of attention in the media, but the SC General Assembly passed a number of other noteworthy pieces of legislation that were not as much…more

Apprenticeships, Criminal Convictions, General Assembly, State and Local Government, State Legislatures

See all updates »

DOL Prioritizes SECURE ACT 2.0 in 2024 Budget Proposal

At the end of March 2023, the Department of Labor (DOL) published its budget proposal for fiscal year 2024. Though met with little fanfare, the DOL is seeking close to $5 Million dollars and twelve full-time employees to begin…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Retirement Plan, SECURE Act

See all updates »

Latest Precedential Claim Construction Cases

Two recent precedential decisions of the Federal Circuit provide guidance on the contours of claim construction; more specifically, when intrinsic evidence is sufficient to determine claim meaning and when something…more

Claim Construction, Intellectual Property Protection, Patent Litigation, Patents

See all updates »

SC and NC Department of Revenue Responses to COVID-19

Since it was first reported to the World Health Organization on December 31, 2019, the novel Coronavirus has and continues to wreak havoc on a global scale unseen in our lifetime. The COVID-19 pandemic has decimated global…more

Coronavirus/COVID-19, Department of Revenue, Governor McMaster, Income Taxes, State and Local Government

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, Foreign Corrupt Practices Act (FCPA)

See all updates »

NLRB Extends Effective Date of Joint Employer Rule in Wake of Legal Challenges

The National Labor Relations Board (“NLRB”) recently announced that the effective date of its new “joint employer” final rule will be postponed by two months as a result of several legal challenges to the rule. The final rule,…more

Employer Liability Issues, Final Rules, Joint Employers, NLRA, NLRB

See all updates »

Federal District Court Rules Corporate Transparency Act Unconstitutional

On Friday, March 1, 2024, the U.S. District Court for the Northern District of Alabama held that the Corporate Transparency Act (“CTA”) is unconstitutional. The CTA, which became effective on January 1, 2024, requires certain…more

Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN, Reporting Requirements

See all updates »

"Substantial Completion": Different Strokes for Different Folks??

Due to a recent decision of the North Carolina Court of Appeals, there now exists the potential for some uncertainty as to the time limits to assert claims related to a construction project. Specifically, that potential…more

Construction Industry, Construction Project, Contractors, Subcontractors

See all updates »

U.S. Counsel Required for Foreign Applicants in Trademark Matters

While it has been almost two years since the United States Patent and Trademark Office (USPTO) changed its Rules of Practice to require representation by U.S. counsel, foreign applicants continue to file trademark applications…more

Foreign Trademark, Intellectual Property Protection, Legal Representatives, Trademark Application, Trademark Registration

See all updates »

Local Board’s Short-Term Rentals Decision Reversed on Vagueness Grounds, and SCOTUS Issues Opinion Involving Property Taxes and the Takings Clause

NC/SC Real Property Case Law Update: In the first article of this series we discussed North Carolina Court of Appeals opinions published on June 1, 2023. That day the Court of Appeals also published an opinion affirming…more

Fifth Amendment, Foreclosure, Short-Term Lease, Takings Clause, Vacation Rentals

See all updates »

Is The WOTUS Carousel Finally Stopping Post-Sackett?

On July 12, 2023, Shortly after the Supreme Court’s ruling in Sackett v. Environmental Protection Agency, EPA and the Department of the Army issued a letter advising the ranking member of the Senate’s Committee on Environment…more

Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Sackett v EPA, SCOTUS

See all updates »

The FTC announces it has finalized an updated version of its Endorsement Guides.

On July 26, 2023, the Federal Trade Commission (“FTC”) adopted revised Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsement Guides”). 88 FR 48092 (July 26, 2023). While the FTC has had…more

Endorsements, Federal Trade Commission (FTC), FTC Endorsement Guidelines, Social Media

See all updates »

COVID-19 in South Carolina: Winning the Breach of Contract Fight Over Force Majeure, Impossibility and Frustration of Purpose

As the novel coronavirus has and continues to wreak havoc on so many lives, so does it affect contracts, whether they be those between landlord and tenant, buyer and seller, or otherwise. As addressed by my esteemed colleague…more

Breach of Contract, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Frustration of a Common Purpose

See all updates »

NC Public Policy Update: 2018 Midterm Election

The 2018 General Election has come and gone, that means no more campaign advertisements for at least a little while, and several new faces in Raleigh for the 2019-2020 North Carolina General Assembly. A total of 3,692,509…more

Constitutional Amendment, General Elections, Political Campaigns, Political Candidates, Public Policy

See all updates »

When It Comes to Cybersecurity, Passwords are Passé

In the ever-changing landscape of data security, it is increasingly clear that law firms of all sizes, from the one-lawyer shop to the 1,000-lawyer megafirm, are being targeted by hackers. As the methods used to gain access to…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach, Data Privacy

See all updates »

North Carolina Property Owners - New Property Valuations are out. How do I contest my valuation?

Did you recently receive a real property revaluation notice? If you live in one of 21 counties across the state, the answer is yes! These counties revalued all of their commercial and residential property for ad valorem tax…more

Ad Valorem Tax, Appraisal, County Assessors, Property Owners, Property Tax

See all updates »

Lessons for Employers from Commodity Trader’s Conviction Under Foreign Corrupt Practices Act

On February 24, 2024, a federal jury in New York convicted former oil and gas trader Javier Aguilar of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), violating the FCPA, and conspiracy to commit money…more

Dodd-Frank, Foreign Corrupt Practices Act (FCPA), Money Laundering, Whistleblower Awards, Whistleblowers

See all updates »

New Guidance from NC Commerce on Remote Workers under JDIG Program

Nearly two and one-half years after COVID-19 first sent people home to work, many of us continue to work from home in some form or fashion. It’s clear that there has been a permanent shift in how many of us work and where we…more

Coronavirus/COVID-19, Employment Policies, Remote Working, Wage and Hour

See all updates »

Tips to Help Chinese Businesses Navigate the U.S. Litigation Environment

The U.S. litigation environment is very challenging for any business – but is especially challenging for Chinese businesses. Vast differences in legal culture, procedure, and legal remedies can jeopardize the success of Chinese…more

Discovery, Evidence, Foreign Corporations, International Litigation, Litigation Strategies

See all updates »

Creditors Beware: Bankruptcy Stay May Shield Property Possessed but Not Owned by Debtor

The automatic stay triggered by a bankruptcy filing may protect the debtor’s residence even if the debtor does not own the property, according to a recent decision from a New York-based federal appeals court…more

Automatic Stay, Bankruptcy Code, Chapter 7, Debtors, Foreclosure

See all updates »

OIG OKs Physician Consultant Gift Card Arrangement

On January 3, 2024, the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) published OIG Advisory Opinion No. 23-15 (the “Opinion”), which addresses a request from a consulting company (the…more

Department of Health and Human Services (HHS), Health Care Providers, MIPS, OIG, Physicians

See all updates »

Recent Case is a Reminder How “No Fault” Attendance Policies Can Put Employers at Risk

Absenteeism is a constant issue for employers, draining resources and causing loss of productivity. One way many employers try to reduce costs of tracking unexcused absences is through “no-fault” attendance policies, in which…more

Employee Handbooks, Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC)

See all updates »

U.S. Department of Education Issues Proposed Regulations

Formal Package Addresses Gainful Employment and Financial Value Transparency, Financial Responsibility, Administrative Capability, Certification and Ability to Benefit..…more

Department of Education, Educational Institutions, Gainful Employment, Student Loans, Students

See all updates »

Workplace Accommodations Expanded Through Pregnant Workers Fairness Act

Effective June 27, 2023, the Pregnant Workers Fairness Act (PWFA) is a new federal law passed to promote women’s health and economic security. Specifically, it grants covered employees the affirmative right to receive reasonable…more

Americans with Disabilities Act (ADA), Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Pregnancy, Pregnancy Discrimination

See all updates »

SBA JV Agreements: Continued Awareness is Key to Avoiding Compliance Risks

As many contractors have known for quite some time, the U.S. Small Business Administration (“SBA”) regulations provide detailed requirements for joint venture agreements, and failure to meet any of the regulatory requirements…more

Contractors, Final Rules, Joint Venture, Project Management, Regulatory Requirements

See all updates »

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

See all updates »

Letters and Notices from the IRS are Coming – What You Need to Know

Given the recent expiration of the IRS’s People First Initiative on July 15, the return of IRS employees to offices and service centers, and this news release reminding taxpayers that collection activities would start resuming…more

Income Taxes, Internal Revenue Code (IRC), IRS, Popular, Tax Levy

See all updates »

EPA Announces Final Drinking Water Limits for PFAS Compounds

On April 10, 2024, the U.S. Environmental Protection Agency released the final National Primary Drinking Water Regulation for six PFAS compounds. The final rule follows issuance of a proposed rule on March 14, 2023, which was…more

Contamination, Drinking Water, Environmental Protection Agency (EPA), Hazardous Substances, PFAS

See all updates »

New Year, New Filings, New Regulatory Burdens and Compliance Costs, Oh My!

The Corporate Transparency Act’s Effects on Economic Development Projects. For new economic development projects, it is common for a company to form a new entity as a subsidiary to undertake the project. This custom is…more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Filing Requirements, Financial Crimes

See all updates »

Insurer Must Assume Defense to be Liable for Failure to Settle Under Tyger River Doctrine

Recently, the United States District Court in South Carolina, 2019 WL 689545, dismissed a claim seeking a declaratory judgment that an insurer failed to settle an underlying tort claim. Briefly, plaintiff Church Creek…more

Bad Faith, Declaratory Judgments, Insurance Industry, Liability

See all updates »

The Post-COVID Office Workplace – The Office is here to Stay

When it comes to office space, some prognosticators sound like REM singing the song “It’s the End of the World as We Know it.” These folks have been predicting the end of the office since the widespread development of Wi-Fi and…more

Coronavirus/COVID-19, Infectious Diseases, Office Space, Remote Working

See all updates »

Legislatures Nationwide Take Steps to Limit Property Ownership by Foreign Adversaries

Legislatures across the country are busy addressing numerous topics impacting individual and corporate interests from coast to coast. The Maynard Nexsen team regularly monitors legislation in all of the states where we maintain…more

CFIUS, Commercial Property Owners, Foreign Adversaries, Foreign Ownership, Governor DeSantis

See all updates »

DOJ Withdraws Healthcare Guidance and Safe Harbors

On February 3, 2023, The Department of Justice (“DOJ”) announced the withdrawal of three antitrust policy statements related to the healthcare industry, which collectively created numerous longstanding “safe zones” for…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Hospital Mergers, Mergers, Safe Harbors

See all updates »

New Year, New Changes to North Carolina's Business Annual Report Laws

Businesses and corporate attorneys take note: Effective January 1, 2018, there will be a major change to the Business Annual Report filing requirements in North Carolina…more

Filing Requirements, IRS, Reporting Requirements, Tax Returns

See all updates »

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 186: White Collar Crimes in Healthcare with Maynard Nexsen’s White Collar Team

This week, Heather and Lauren welcome more members of the Maynard Nexsen team, White Collar attorneys Erica Barnes, Mark Moore, and Christian Dysart. The group takes a deep dive into discussing white-collar crime in the…more

Criminal Conspiracy, Criminal Investigations, Criminal Prosecution, Department of Justice (DOJ), Enforcement Actions

See all updates »

Taking the Pulse, A Health Care and Life Sciences Podcast | Episode 100: Marguerite Willis, Nexsen Pruet Attorney

For this very special 100th episode of Taking the Pulse, we're joined by Nexsen Pruet attorney Marguerite Willis. Marguerite is a highly experienced litigator, and was featured on the cover of the latest Super Lawyers Magazine…more

Antitrust Violations, Criminal Penalties, Department of Justice (DOJ), Health Care Providers, Hiring & Firing

See all updates »

Work This Way: A Labor & Employment Law Podcast | Episode 12: Understanding Unions with Patrick Wilson, Maynard Nexsen Attorney (Part 2)

In this two-part series, Maynard Nexsen labor & employment attorney Pat Wilson joins hosts Tina and Christy to discuss what employers should understand about unions and how they can address them. In this episode, we have a…more

Election Results, Employer Liability Issues, Employment Policies, NLRB, Political Expression

See all updates »

Hello Q4: SBA Clarifies 8(a) Sole Source Rules, Individual 8(a)s Have More Options for Larger Awards

The government's fiscal year ("FY") is coming to an end on September 30, which means the need for agencies to spend "use it or lose it" contracting dollars will steadily increase over the next couple of months. And, while the…more

8(a) Program, Amended Regulation, Department of Defense (DOD), DFARS, Federal Contractors

See all updates »

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.

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide

JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide