For years, North Carolina construction contracts have included some form of attorney fees provision. The clauses often provided leverage to parties who wanted to "up the ante" in settlement negotiations. However, contractual…more
With the recent drawdown of troops serving in Iraq and Afghanistan, many veterans will be leaving active military duty and returning to the U.S. workforce. The Equal Employment Opportunity Commission (EEOC) has issued timely and…more
The people of South Carolina now have certainty about the availability of 2012 Nationwide Permits (“NWPs”). NWPs are general permits that U.S. Army Corps of Engineers issues on a nationwide basis in order to provide quick…more
South Carolina’s designated asbestos judge, the Hon. D. Garrison Hill, recently ruled that the Lorhmann standard of “frequency, regularity and proximity” articulated in the Fourth Circuit Court of Appeals opinion Lorhmann v…more
In This Issue:
"Alternative Dispute Resolution and The America Invents Act" and "Wake-Up Start-Up: A Start-Up and Small Business Patent Strategy for the Future"
Excerpt from Alternative Dispute Resolution...
A friend of…more
The Fair Labor Standards Act (FLSA) is a statute of broad application that regulates, among other things, the payment of overtime. It includes an “anti-retaliation” provision, found at 29 USC § 215(a)(3), that prohibits an…more
Businesses operating as multi-state taxpayers in South Carolina should take note of a recent ruling by the state’s Court of Appeals.
In CarMax Auto Superstores West Coast, Inc. v. South Carolina Department of Revenue, Op…more
Nexsen Pruet is offering a free download of its updated “Employer’s Desk Reference for the Carolinas.”
The firm’s Employment and Labor Law Group produced the informational publication, which provides a general guide to…more
Perhaps the most common misconception held by even sophisticated contractors and subcontractors is that their warranty obligations expire one year after the completion of the project. This mistaken assumption most likely stems…more
Understanding South Carolina's real and personal property tax structure involves a trip back to your high school algebra class. Essentially, the amount of tax you owe depends upon three…more
According to ancient lore, the Mayans have long predicted 2012 might bring the end of the world. The Mayans may not be correct about that, however, it is a certainty that 2012 will bring changes to property tax values…more
As Valentine’s Day approaches, here are some interesting facts for employers to consider: Statistics indicate that over 10 percent of married couples met at work. Almost a third of respondents in a recent survey by…more
As the economy continues to stagger, businesses are becoming more aggressive in seeking customers through advertising, which often includes an Internet component. Businesses have become more sophisticated in scrutinizing…more
Having the proper insurance coverage is important to all parties involved in the construction process. The various contracts governing the construction project should be clear as to the coverage for which each of the parties…more
On January 3, 2012, the National Labor Relations Board (NLRB) ruled that a class action waiver in a mandatory employment arbitration agreement is illegal. D.R. Horton, Inc. and Michael Cuda, 357 NLRB No. 184 (2012). This…more
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