Nexsen Pruet, PLLC

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

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

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

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(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 Companies

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Title VII at 50: What's New? - Employment Law Update

This summer marked the 50th anniversary of the Civil Rights Act of 1964, legislation first introduced by President John F. Kennedy in response to the growing civil rights movement. For employers, the most important component of…more

Civil Rights Act, EEOC, Employee Rights, Gender Identity, Pregnancy

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Cutting Through the Constitutionality Haze in the Battle Between PHH Corporation and the Consumer Financial Protection Bureau

So much has been written in recent weeks about the battle between PHH Corporation and the Consumer Financial Protection Bureau in the U.S. Court of Appeals for the D.C. Circuit. The panel heard oral argument on April 12, 2016…more

Administrative Appeals, ALJ, Appeals, CFPB, Corporate Counsel

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

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

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

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

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

C-Corporation, Choice of Entity, General Contractors, General Partnerships, Limited Liability Companies

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

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

Collateral, Farm Credit Administration, Subsidiaries

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

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

Trucking Industry

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NC Legislative Update - May 2016 #3

Last Week - The House released its 150-page proposed budget adjustments for the 2016-17 half of the 2015-17 biennium on Monday evening and proceeded to work through the week in passing it. The proposal is relatively…more

Economic Development, Legislative Agendas, State Budgets, Tax Deductions, Tax Incentives

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

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

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

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Supreme Court Expands Religious Discrimination Liability

Most employers know that Title VII prohibits discrimination against applicants or employees based on religion. They also know that Title VII requires employers to provide reasonable, religion-based accommodations to employees…more

Abercrombie & Fitch, Dress Codes, EEOC, EEOC v Abercrombie, Hiring & Firing

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EARL e-News: EPA Releases EJ Mapping and Screening Tool - Updates on Environmental, Administrative and Regulatory Law

On June 10, 2015, EPA released EJScreen, an environmental justice (EJ) screening and mapping tool which replaced EJView, a previous publicly available EJ screening tool. EJScreen will provide EPA with a nationally consistent…more

Environmental Justice, EPA

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Developer Control of Homeowner Associations Could Diminish in South Carolina

State Committee at work; legislation pending - The South Carolina 2015-2016 Appropriation Act established the "South Carolina Committee on Homeowners Associations." Thirteen individuals, consisting of lawmakers, developers,…more

Homeowners, Homeowners' Association, Land Developers, Pending Legislation, Purchasers

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Updates on Environmental, Administrative and Regulatory Law: EPA's Proposed Cross-State Air Pollution Update Rule

On November 16th, EPA proposed an “update” to its Cross-State Air Pollution Rule (CSAPR) ozone season requirements. Starting in 2017, the proposal is intended to reduce summertime emissions of nitrogen oxides (NOx) from power…more

Clean Air Act, Cross-State Air Pollution, EPA, Ozone, Power Plants

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Settlements reached for PHI Disclosures

In the last two months, the U.S. Department of Health and Human Services (“HHS”) announced two settlement agreements involving the disclosure of protected health information ("PHI"). In both instances, the health care facilities…more

Business Associates, Covered Entities, Data Breach, HHS, HIPAA

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Another Win for Wellness: The Erosion of Voluntary Participation

Consider the following wellness program scenario: A company implements a program that incentivizes employees to take a health risk assessment and undergo biometric screening. The assessment asks questions about the individual’s…more

ADA, Biometric Information, EEOC, Employer Group Health Plans, HIPAA

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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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Employment Law Update - ADA with a side of FMLA: A Cornucopia of Legal Issues

Mixing the Americans with Disabilities Act and the Family Medical Leave Act can result in a smorgasbord of legal issues for many employers. While determining whether an employee has a qualifying serious health condition under…more

ADA, Disability, EEOC, FMLA, Reasonable Accommodation

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"Governor McCrory Announces Appointments to Coal Ash Management Commission"

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

Coal, Coal Ash, Environmental Policies

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SC Public Policy Update - May 2016 #3

What's New - SENATE - It was another busy week in the Senate as members continued to work through various bills on the lengthy Senate Calendar. The Senate spent the day on Wednesday taking up the Governor’s veto on H…more

Abortion, Appropriations Bill, Department of Transportation (DOT), Farm Bill, Farms

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How Franchise Systems Can Minimize Risks of Labor Violations

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

Compliance, DOL, FLSA, Franchises, Hospitality Industry

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

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

Copyright, Fashion Industry, Pleadings, Proposed Legislation

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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, Employee Rights, Employer Liability Issues, Harassment, Hostile Environment

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The Construction Industry on Twitter - Feeds You Should Follow

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

Construction Industry, Social Networks, Twitter

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A Franchise Chain's Non-compete Agreement Comes Under Congressional Scrutiny

Tremors were felt throughout the franchise community when a recent article in The Huffington Post reported that the Jimmy Johns sandwich franchise is under Congressional scrutiny for its franchisees’ practice of requiring lower…more

Anti-Competitive, Congressional Investigations & Hearings, Fast-Food Industry, Franchise Agreements, Franchises

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Creditors Rights Suffers a Major Depression in North Carolina

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

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

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Premises Liability 101: Business owner liability for crimes on their property

The legal theory of premises liability holds property owners responsible for accidents and injuries that occur on their property. The law in this area is highly developed and can differ from state to state. Premises liability…more

Commercial Property Owners, Premises Liability, Property Owners, Third-Party Risk

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The Exclusion of Other Incident Evidence in Product Liability Litigation

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

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

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Employment Law Update - Changes to the Overtime Pay Rules are Here

On May 18, 2016, the U.S. Department of Labor (DOL) issued its final rule on changes to four exemptions to the overtime pay requirement of the Fair Labor Standards Act (FLSA): the executive, administrative, and professional…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

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

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

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

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Tricks or Treats: Human Resources Challenges Ahead

Halloween is traditionally a time for “trick or treating.” For human resource professionals, many days can be Halloween-like, filled with unexpected events or career rewards. Recently, dozens of HR professionals participated in…more

Absenteeism, ADA, Affordable Care Act, Diversity and Inclusion Standards (D&I), Employee Benefits

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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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Health Care Arbitration Agreements: Five Ways to Improve Enforceability

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

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

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

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

Boilerplate Language, Contract Interpretation, Liability Insurance, Plain Meaning

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2015 Employment and Labor Law Final Exam - Answer Key

Thank you to everyone who participated in this year's employment and labor law final exam. We hope it was challenging and informative. Congratulations to Marla Guenther of Hilton Head Hospital and Ruth Pastula of Georgetown…more

Anti-Discrimination Policies, At-Will Employment, COBRA, FLSA, FMLA

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Interested in a Crop-Share Lease?

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

Commercial Leases, Crops, Farms, Landlords, Tenants

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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, Health Care Providers

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New Cause of Action from Business Court?

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

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

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Talc Litigation: The Big Picture

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

Asbestos, Burden of Proof, Cancer, Causation, Cosmetics

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Is Your Website Subject to the ADA?

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

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

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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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NC Legislative Update - May 2016 #3

Last Week - The House released its 150-page proposed budget adjustments for the 2016-17 half of the 2015-17 biennium on Monday evening and proceeded to work through the week in passing it. The proposal is relatively…more

Economic Development, Legislative Agendas, State Budgets, Tax Deductions, Tax Incentives

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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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Changes to North Carolina's Rule of Civil Procedure 26(b)(4) Regarding Experts

For cases filed on or after Oct. 1, 2015, in North Carolina state courts, there are new changes to how the parties will approach expert disclosure and discovery. Effective Oct. 1, and applying to cases filed on or after…more

Depositions, Disclosure Requirements, Discovery, Expert Witness, Federal Rules of Civil Procedure

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An Update of Flow Control Jurisprudence since United Haulers

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

Dormant Commerce Clause, Equal Protection, Trucking Industry, Waste

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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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Fourth Circuit Adopts the Joint Employer Test for Title VII Claims

Who's The Boss? - In Butler v. Drive Auto. Indus. of Am., Inc., the Fourth Circuit Court of Appeals (which has jurisdiction over North and South Carolina) joined the majority of federal appellate courts in holding that…more

Employer Liability Issues, Harassment, Hiring & Firing, Joint Employers, Retaliation

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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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Health Care Arbitration Agreements: Five Ways to Improve Enforceability

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

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

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New Guidance for Health Care Boards

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

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

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Consideration of Force Majeure in Construction Contracts

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

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

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

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

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

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

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

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

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

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

Criminal Prosecution, Plea Negotiations, Right To Appeal, Waivers

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Chapter 13 Debtor Unable to Modify Confirmed Plan to Surrender Collateral

The U.S. Bankruptcy Court for the Eastern District of North Carolina in In Re Reuben Samuel Royal, Case No, 14-07134-DMW (May 2, 2016) recently concluded that the Chapter 13 debtors cannot surrender a vehicle back to the…more

Bankruptcy Plans, Chapter 13, Collateral, Consumer Bankruptcy, Lenders

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Tax Alert: Reminder about Political Activities of Nonprofits

The 2016 election season is red hot. So, now is the perfect time for a reminder about the political activity prohibitions applicable to public charities and private foundations…more

Internal Revenue Code (IRC), Non-Profits, Presidential Elections, Public Charities

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Changes to North Carolina's Rule of Civil Procedure 26(b)(4) Regarding Experts

For cases filed on or after Oct. 1, 2015, in North Carolina state courts, there are new changes to how the parties will approach expert disclosure and discovery. Effective Oct. 1, and applying to cases filed on or after…more

Depositions, Disclosure Requirements, Discovery, Expert Witness, Federal Rules of Civil Procedure

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Be Safe, Get Your Standing Evidence in Early

A Land Use Practitioner representing opposition intervenors in a quasi-judicial land use matter is best served to present any evidence of special damages during the quasi-judicial hearing in order to preserve standing for future…more

Appeals, Building Permits, Damages, Evidence, Historical Landmarks

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Franchise POST: The Reformation of Financial Performance Representations; Has the Time Arrived?

Financial Performance Representations (“FPR’s), or earnings claims, have been an integral part of franchise sales process well before the Federal Trade Commission (“FTC”) began its supervision of the franchise model. The…more

Franchise Agreements, Franchise Disclosure Document, Franchisors, FTC, Profits

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Going Multijurisdictional - Laying the groundwork for shared business parks

It is a basic, universally accepted fact that in order for an area to win new recruitment projects—and in some cases retain expansions of an existing company facility that will be on a site other than its current location—that…more

Commercial Property Owners, Commercial Real Estate Market, Economic Development, Public Private Partnerships (P3s), Real Estate Development

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USDOL Publishes New FMLA Employee Guide and Poster

As employers covered by the Family Medical Leave Act (FMLA) can attest, administering the FMLA’s regulatory framework at the employee level can consume substantial time and resources. Despite the expense associated with applying…more

Best Management Practices, Covered Entities, DOL, FMLA, Posting Requirements

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

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

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

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SC Public Policy Update - June 2015 #2

What's New - The General Assembly met for their last week of this year’s legislative session. Legislators spent most of the week working through their respective calendars and trying to pass out bills before the Thursday…more

Abortion, Oil Prices, Roads, State Budgets, Uber

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

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

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

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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, Public Private Partnerships (P3s)

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Deadline: Bureau of Economic Analysis Filing Deadline is May 29, 2015 - The U.S. Department of Commerce's 5-Year Benchmark Survey

The US Department of Commerce, Bureau of Economic Analysis (BEA) collects data on U.S. Direct Investment Abroad (USDIA). In general, all US Persons must file a BE-10 Benchmark Survey with BEA if they held more than 10% of…more

Foreign Investment, Form BE-10, U.S. Commerce Department

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SC Public Policy Update - June 2015 #2

What's New - The General Assembly met for their last week of this year’s legislative session. Legislators spent most of the week working through their respective calendars and trying to pass out bills before the Thursday…more

Abortion, Oil Prices, Roads, State Budgets, Uber

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

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

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

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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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NC Legislative Update - May 2016 #3

Last Week - The House released its 150-page proposed budget adjustments for the 2016-17 half of the 2015-17 biennium on Monday evening and proceeded to work through the week in passing it. The proposal is relatively…more

Economic Development, Legislative Agendas, State Budgets, Tax Deductions, Tax Incentives

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Disability Discrimination Claims Face Stricter Standard in the Fourth Circuit

The Americans with Disabilities Act (ADA) became law over 20 years ago. But until last month, the Fourth Circuit Court of Appeals, which includes North and South Carolina, had never specified a plaintiff’s burden of proving a…more

ADA, Burden of Proof, Corporate Counsel, Disability Discrimination, EEOC

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Consideration of Force Majeure in Construction Contracts

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

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

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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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Fourth Circuit Rejects "Manager Rule" Exception in Title VII Retaliation Cases

Title VII of the Civil Rights Act of 1964 not only prohibits discrimination based on race, color, sex, religion, and national origin, but also prohibits retaliation against individuals who oppose unlawful discrimination or…more

Anti-Retaliation Provisions, Discrimination, EEOC, FLSA, Manager Rule

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

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

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

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

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

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

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

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

Arbitration, Arbitration Agreements, Federal Arbitration Act, Jurisdiction

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Employment Law Update - Staying Compliant in the New Year: Federal Contractors Should Assess Policies and Procedures in Response to Sweeping Executive Orders

Is your federal contracting business in compliance with new rules and regulations? A series of executive orders signed or implemented this year imposes substantial new obligations on employers contracting or…more

Disabilities, Fair Pay and Safe Workplaces, Federal Contractors, Minimum Wage, Pay Transparency

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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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Appeals Procedures for Tax Court Cases

The Internal Revenue Service (Service) on March 23, 2016, issued Revenue Procedure 2016-22 which clarifies and describes the practices for the administrative appeals process in cases docketed in the United States Tax Court (Tax…more

Administrative Appeals, Appeals, IRS, Policies and Procedures, Tax Court

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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, Risk Assessment, Termination for Convenience

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Serving the Master: Challenging the Authority Power or Jurisdiction of the Master-in-Equity

“We are all apprentices in a craft where no one ever becomes a master.” – Ernest Hemingway Masters-in-equity and special referees operate only when the circuit courts refer actions to them. Rule 53 of the South Carolina…more

Appeals, Referees, Special Master, Subject Matter Jurisdiction

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ESI & Electronic Discovery - October 3, 2013

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

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

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SC Public Policy Update - May 2016 #3

What's New - SENATE - It was another busy week in the Senate as members continued to work through various bills on the lengthy Senate Calendar. The Senate spent the day on Wednesday taking up the Governor’s veto on H…more

Abortion, Appropriations Bill, Department of Transportation (DOT), Farm Bill, Farms

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

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

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

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The Exclusion of Other Incident Evidence in Product Liability Litigation

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

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

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Contact

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

Contact: Kevin Floyd

  • (803) 771-8900
  • (803) 253-8277

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

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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