Nexsen Pruet, PLLC

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

  • (803) 771-8900
  • (803) 253-8277

Financial Performance Representations

On Tuesday February 11th, the Charlotte Business Franchise Network met on the 15th floor conference room at Nexsen Pruet. The attendees, representing a broad cross section of franchisors, master franchisees, and franchise…more

Franchise Disclosure Document, Franchises, Franchisors, Representations and Warranties

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Arbitration or Arbitrary? A Guide to Help You Decide Whether to Arbitrate Construction Disputes

When will mankind be convinced and agree to settle their difficulties by arbitration? - Benjamin Franklin As a general rule, I am almost convinced that all disputes in the construction context should be settled by…more

American Arbitration Association, Arbitration, Arbitration Agreements, Confidentiality, Cost-Containment

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Recent Cases Address Employer Efforts to Protect Confidential Information

Originally published in SC Bar's Employment and Labor Law Newsletter: Winter 2013 on February 15, 2013 In recent months, both the Fourth Circuit Court of Appeals, which has jurisdiction over federal cases in North and South…more

CFAA, Confidential Information, Misappropriation, Trade Secrets, Unauthorized Access

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Construction Law e-Bulletin: Notice of Furnishing: More Important Than Ever - News from the Construction Law Group

Occasionally, old news is new news. The topic of notice by subcontractors and suppliers to preserve their lien and bond payment rights is discussed more often than may be necessary, but inattention or carelessness in regard to…more

Bonds, Construction Contracts, Construction Disputes, Contractors, Liens

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

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

Collateral, Farm Credit Administration, Subsidiaries, UBEs

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

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

Trucking Industry

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

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

Attorney Malpractice, Attorney's Fees, Attorney-Client Privilege, Confidentiality, Ethics

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EARL e-News: USEPA To Review 100 Percent of Consent Decrees For Compliance - Updates on Environmental, Administrative and Regulatory Law

On April 10, 2014, USEPA released its 99-page Strategic Plan for Fiscal Year 2014 – 2018. As part of the Strategic Plan, USEPA set out its Mission is to protect human health and the environment. USEPA plans to accomplish its…more

Compliance, Enforcement, Environmental Policies, Healthcare, USEPA

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EARL e-News: NC Air Toxics Rule Revisions - Summary

Updates on Environmental, Administrative and Regulatory Law - Significant revisions to the State Air Toxics Program were adopted March 13, 2014 by the North Carolina Environmental Management Commission. The revisions…more

Air Pollution, Asbestos, Environmental Policies, New Amendments

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Fourth Circuit Determines Whistleblower Termination Not Retaliatory Discharge Under Sarbanes-Oxley

The U.S. Fourth Circuit Court of Appeals ruled recently that an employee’s termination after reporting his company’s potential connection to export violations and insider trading did not amount to a retaliatory discharge under…more

Corporate Counsel, Employer Liability Issues, Retaliation, Sarbanes-Oxley, Termination

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Comparison of Economic Development Incentives for South Carolina and North Carolina

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

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

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High Court Rules Autopsy Reports Exempt from the SC Freedom of Information Act - Public Policy & Governmental Affairs Alert

The South Carolina Supreme Court issued an opinion this week in Perry v Bullock. The Court ruled that an autopsy report is exempt from the Freedom of Information Act ("FOIA") disclosure requirements. This is the second…more

Disclosure Requirements, FOIA

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How Franchise Systems Can Minimize Risks of Labor Violations

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

Compliance, DOL, FLSA, Franchises, Hospitality Industry

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

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

Copyright, Design Piracy, Fashion Industry, Innovative Design Protection Act, Pleadings

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Employment Law Update - Danger Ahead: Employer Liability For Third-Party Harassment

On April 29, 2014, the Fourth Circuit Court of Appeals held that employers can be liable for third-party harassment under a negligence standard. In doing so, the court joined other circuits in establishing that employers can be…more

Appeals, Dal-Tile, Employee Rights, Employer Liability Issues, Harassment

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The Exclusion of Other Incident Evidence in Product Liability Litigation

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

Design Defects, Evidence, Exclusions, Liability, Manufacturing Defects

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Actions May Speak Louder than Words: Can Franchise Agreements Protect Franchisors from Liability as Joint Employers?

The National Labor Relations Board (NLRB) has created a buzz within the franchise community by announcing that McDonald's may be responsible as a "joint employer" for alleged unfair labor practices of some of its franchisees. …more

Corporate Counsel, Joint Employers, McDonalds, NLRA, NLRB

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“Top 10 Signs of Union Activity”

On April 1, the South Carolina Chamber of Commerce invited top labor lawyers from the Southeast to talk frankly about union activities and their possible impacts on South Carolina’s manufacturing facilities. The forum, held in…more

NLRA, NLRB, Unions

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With Shutdown Over, All E-Verify Services Now Available

After the federal government’s partial shutdown on October 1, 2013, employers were unable to access their E-Verify accounts. Now that funding has been restored and E-Verify services are back online, the Department of Homeland…more

DHS, E-Verify, Federal Contractors, Tentative Nonconfirmation, USCIS

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

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

Boilerplate Language, Contract Interpretation, Liability Insurance, Plain Meaning

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Health Care Law Update: Amendments to the SC Physician Assistant Practice Act could provide additional tools to transform practices - Navigating a New Era of Health Care: A Guide for Physicians and Physician Assistants

As physicians search for new revenue streams in response to declining reimbursement and additional administrative complexity, a new law passed in 2013 should provide added flexibility and time to expand practices through the use…more

Affordable Care Act, Healthcare Professionals, Physician Assistant Practice Act

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Employers Beware: Pay Changes Underway

During his February 2014 State of the Union address, President Obama pledged to rely on his own executive authority to take action on behalf of American workers. He has taken this commitment to heart, and over the past several…more

DOL, Employee Rights, Equal Pay, Executive Orders, FLSA

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

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

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

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EARL e-News: ASTM Issues New ASTM E1527-13 Standard For Phase I ESA

On November 6, 2013, the American Society for Testing and Materials (ASTM) issued the revised version of the ASTM E1527 Standard for Phase I Environmental Site Assessments. The newly released standard attempts to clarify…more

ASTM, Environmental Assessments

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Comparison of Economic Development Incentives for South Carolina and North Carolina

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

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

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Changes Taking Effect to North Carolina Lien and Bond Laws

The rules are changing when it comes to North Carolina lien and bond laws. And, the new provisions are substantially altering the way in which all parties involved in lien rights – from owners, buyers, and sellers to general…more

Bonds, Contractors, Lenders, Lien Agents, Liens

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Privacy Law - Why Compliance is Crucial to Your Business

Privacy law touches the lives of all of us in different ways. To a constitutional junky, it simply provides protection from government intrusion. To A-list celebrities, it can help keep candid pictures off the front page of a…more

Compliance, Data Collection, Data Protection, FTC, Gramm-Leach-Blilely Act

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Construction Law Alert: Long Term Express Warranties

A recent holding by the North Carolina Court of Appeals is threatening to render many long-term express warranties ineffective. In a divided opinion in Christie v. Hartley Construction, Inc., the court held that the…more

Construction Contracts, Statute of Repose, Warranties

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"Nonprofit Traps and Pitfalls"

Many of us lawyers are involved with nonprofits. Some of us assist clients in incorporating and providing legal advice to nonprofits, and others of us serve on nonprofit boards. Nonprofit law is surprisingly complex. …more

FOIA, Income Taxes, Non-Profits, Tax Credits, Tax Exemptions

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Negotiating Construction Equipment Leases; Getting Beyond the Battle of the Forms

A. THE PROBLEM: “I want it on the jobsite yesterday!” In buying out a construction project, a general contractor (GC) or a subcontractor will likely negotiate and enter into equipment leases that cost, on an…more

Construction Contracts, Leases, Personal Property, Service Contracts, Terms and Conditions

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Employers Faced January 1, 2013, Deadline to Update Fair Credit Reporting Act Notice

Originally published in SC Bar's Employment and Labor Law Newsletter: Winter 2013 on February 15, 2013 Effective January 1, 2013, there was a new form that employers must provide prospective or current employees when…more

Background Checks, CFPB, Consumer Protection Act, Consumer Reports, Criminal Background Checks

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The Problem with Service by Publication

It was a simple accident. He was simply unable to stop in time in heavy, rush-hour traffic and rear-ended the vehicle in front of him. After the accident was investigated and insurance information exchanged, he assumed the…more

Auto Insurance, Car Accident, Notice Requirements, Publication Requirement

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Tax Alert: Attention Employers Using Pre-Approved Retirement Plans – It’s Amendment Time Again!

Do you sponsor a tax-qualified retirement plan that was pre-approved by the IRS? If so, pre-approved documents take one of two forms. - One is a prototype plan that uses a checklist-type Adoption Agreement and is paired…more

Form Documents, IRS, Qualified Retirement Plans

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Actions May Speak Louder than Words: Can Franchise Agreements Protect Franchisors from Liability as Joint Employers?

The National Labor Relations Board (NLRB) has created a buzz within the franchise community by announcing that McDonald's may be responsible as a "joint employer" for alleged unfair labor practices of some of its franchisees. …more

Corporate Counsel, Joint Employers, McDonalds, NLRA, NLRB

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Entrepreneurial Growth and Recruitment Strategy: An Economic Development Formula for Success

Historically, most local economic development efforts, or regional efforts among a group of counties, have focused on business recruitment. These efforts have generally been focused on large business recruitment projects. This…more

Chamber of Commerce, Community Colleges, Economic Development, Entrepreneurs, Infrastructure

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EARL e-News: EPA Finalizes Cooling Water Intake Rule for Existing Facilities - Updates on Environmental, Administrative and Regulatory Law

After almost twenty years of signing a consent decree and subsequent litigation, the EPA finalized, on May 19, 2014, a regulation on cooling water intakes for existing power plants and for large existing manufacturers. New…more

Energy Policy, Environmental Policies, EPA, Power Plants, Water

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Weekly Update from the SC State House - June 2014: The House came in Tuesday to take up the Governor's vetoes while the Senate came back to address some leadership changes...

Details from Each Chamber: HOUSE - The House came in Tuesday to take up the Governor's vetoes and adopt several conference reports. The House overrode the Governor's veto on a $12,000 pay raise for lawmakers, yet…more

Election Results, Ethics, Legislative Agendas

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South Carolina Supreme Court Rules on Tax Exemptions in Bodman v. South Carolina

Close to a year and a half after hearing oral arguments in Bodman v. South Carolina, the South Carolina Supreme Court has upheld the “seven caps” and “eighty seven exemptions” found under the State’s sales tax. (Op. No. 27248…more

Sales & Use Tax, Tax Exemptions

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

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

Construction Industry, Contractors, Design-Build, New Legislation, P3s

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Antidumping and Countervailing Duty Actions

Antidumping (AD) and countervailing duty (CVD) actions in the United States against foreign companies have increased markedly in recent years. The US Government has prioritized the protection of domestic industries impacted by…more

Anti-Dumping Duty, Countervailing Duties, Foreign Corporations, ITC, U.S. Commerce Department

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Weekly Update from the SC State House - June 2014: The House came in Tuesday to take up the Governor's vetoes while the Senate came back to address some leadership changes...

Details from Each Chamber: HOUSE - The House came in Tuesday to take up the Governor's vetoes and adopt several conference reports. The House overrode the Governor's veto on a $12,000 pay raise for lawmakers, yet…more

Election Results, Ethics, Legislative Agendas

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Wheaton College Order Changes Landscape of Contraceptive Mandate for Religious Nonprofit Organizations

Last Thursday, while many of us were preparing for the long weekend ahead, the U.S. Supreme Court was hard at work, issuing an order that may have far-reaching implications for religious nonprofit organizations…more

Burwell v Hobby Lobby, Contraceptive Coverage Mandate, Hobby Lobby, Non-Profits, Religious Freedom Restoration Act

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Releases of Liability: Do's and Don't's for Employers

Employers often use waivers and releases of claims in agreements with former employees, either as part of a separation agreement at the time employment ends or in a settlement agreement after a former employee has raised claims…more

Employer Liability Issues, Release Agreements

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

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

Coastal Real Estate, Land Developers, Permits, Proposed Legislation

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

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

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

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

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

Arbitration, Arbitration Agreements, Federal Arbitration Act, Jurisdiction

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Legislative Update 2013 -- SC Tax Incentives Legislative Update

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

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

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

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

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

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"Termination for Convenience Clauses in the Private Arena: Traps Every Construction Practitioner Should Know"

Originally published in the SC Bar Construction Law Section's "News and Notes" in January 2012. If you do a thesaurus search of the word “termination,” you’ll find: “extinction, annihilation, execution, slaughter, and…more

Contractors, Covenant of Good Faith and Fair Dealing, Questar Builders v CB Flooring, Risk Assessment, Termination for Convenience

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Farm Service Agency Guaranteed Loans: Simple Steps to Improve Performance

Associations that participate in the Farm Service Agency’s Guaranteed Loan Program understand how beneficial it can be. But, you might not recognize that through a few simple steps, you can improve your loan performance under…more

Farm Loans, Financial Services Authority, Loans

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ESI & Electronic Discovery - October 3, 2013

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

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

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The Exclusion of Other Incident Evidence in Product Liability Litigation

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

Design Defects, Evidence, Exclusions, Liability, Manufacturing Defects

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Areas of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Maritime Law
  • Mergers & Acquisitions
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
See more
Locations
Other U.S. Locations
  • North Carolina
  • South Carolina
Number of Attorneys

100+ Attorneys

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