Nexsen Pruet, PLLC

NC Legislative Update for August 2015 #4

This Week - Lawmakers passed the third Continuing Resolution (CR) of the session, House Bill 18. The temporary spending measure will keep government functioning until September 18th, while budget negotiators attempt to…more
| Education, Elections & Politics, Transportation

EARL e-News: Update on New Clean Water Act Rule - Updates on Environmental, Administrative and Regulatory Law

On August 27, 2015, a federal District Court Judge in North Dakota issued a preliminary injunction blocking the implementation of the newly promulgated “Waters of the U.S. rule (WOTUS) (one day before the rule was to take…more
| Civil Procedure, Civil Remedies, Environmental Law

NC Legislative Update for August 2015 #3

This Week - Amid the budget deliberations, the General Assembly took time Tuesday to commemorate the 70th anniversary of the end of the war World War II. Senate Joint Resolution 720, passed by both the House and the Senate,…more
| Education, Elections & Politics, Labor & Employment Law, Taxation, Transportation

The Consumer Financial Protection Bureau's case against Citibank for violations relating to credit card add-on products

Today we’re taking a look at the CFPB’s recent enforcement case against Citibank, N.A. (“Citibank”) and two of Citibank’s subsidiaries, Department Stores National Bank (“DSNB”) and Citicorp Credit Services, Inc. (USA) (“CCSI…more
| Communications & Media Law, Consumer Protection, Finance & Banking

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
| Civil Procedure, Civil Rights, Labor & Employment Law

Maybank on the Government Accounting Standards Board issued Statement No. 77, Tax Abatement Disclosures - Tax and Economic Development Alert

Today, August 15, 2015, the Government Accounting Standards Board issued Statement No. 77, Tax Abatement Disclosures. It will generate quite a bit of work for local government. In fact, it may force counties to organize all…more
| Administrative Law, Taxation

NC Legislative Update for August 2015 #2

This Week - On Wednesday, lawmakers passed Senate bill 560, the second Continuing Resolution (CR) of the session which will keep State government functioning until August 31st. The legislature has yet to agree on the…more
| Constitutional Law, Elections & Politics, Labor & Employment Law, Taxation, Transportation

NC Legislative Update - August 2015

This Week - It was an eventful week at the General Assembly and perhaps the most noteworthy news on Jones Street took place on Wednesday. Senate leadership held a press conference announcing that they were willing to remove…more
| Elections & Politics, Taxation

EARL e-News: The Uncertain Status of “Stigma Damages” for Property Claims in South Carolina - Updates on Environmental, Administrative and Regulatory Law

In Chestnut, et al v. AVX Corporation, Appellate Case 2012-212143 (S.C. Supreme Court August 5, 2014), the State Supreme Court was faced with the issue of whether “stigma damages” could apply for environmental contamination…more
| Civil Procedure, Civil Remedies, Environmental Law, Real Estate - Commercial, Real Estate - Residential

NC Legislative Update for July 2015 #4

This Week - It has been two weeks since conferees were appointed and the status of the State’s biennial budget remains uncertain. While some informal negotiations have occurred, there has been no indication that lawmakers…more
| Criminal Law, Elections & Politics, Transportation

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
| Civil Procedure, Civil Rights, Labor & Employment Law

NC Legislative Update for July 2015 #3

This Week - Trying to predict when the General Assembly will adjourn every year is a question that even the most seasoned lawmakers, lobbyists and staff cannot answer. The length of the current session, which began in…more
| Elections & Politics

Consumer Financial Protection Bureau: The Consumer Financial Protection Bureau's new "Know Before You Owe" Mortgage Disclosure Rule

The Consumer Financial Protection Bureau (“CFPB”) recently issued or perhaps had to issue a proposed amendment to the “Know Before You Owe mortgage disclosure rule,” also known as the “TILA-RESPA Integrated Disclosure” rule, or…more
| Consumer Protection, Finance & Banking, Real Estate - Residential

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
| Bankruptcy, Civil Procedure

Employment Law Update: South Carolina Lawmakers Ratify OSHA Requirements

On June 26, 2015 the South Carolina General Assembly ratified the new OSHA reporting and recordkeeping requirements for SC employers…more
| Labor & Employment Law
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