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The Fourth Circuit, En Banc, Addresses Removal / Remand Litigation

In Barlow v. Colgate Palmolive Co., 772 F.3d 1001 (4th Cir. 2014), an en banc decision, the United States Court of Appeals for the Fourth Circuit considered two cases where plaintiffs allegedly misrepresented their intent to…more

1/29/2015 | Civil Procedure, Civil Remedies, Products Liability

SC Public Policy Update - January 2015 #2: The House and Senate again spent most of their week doing committee work and only had short perfunctory sessions...

What's New - The House and Senate again spent most of their week doing committee work and only had short perfunctory sessions. Speaker Jay Lucas (R-Darlington) stated that because of the committee work, there will be…more

1/27/2015 | Elections & Politics

NC Legislative Update for January 2015

2015-16 Session of the NCGA Gavels In - Last Wednesday, the North Carolina General Assembly convened for the first time since August of last year to kick off its 2015-16 session. The opening day of session is both…more

1/26/2015 | Education, Elections & Politics, Health, Taxation, Transportation

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

1/23/2015 | Construction Law

SC Public Policy Update - January 2015

What's New - The South Carolina General Assembly convened this week for the first year of the 121st Legislative Session. While the Senate and House of Representatives met for periods of time throughout the week, most…more

1/21/2015 | Administrative Law, Elections & Politics, Labor & Employment Law

Why the Flagstar Bank Case is Important - Blog: Consumer Financial Protection Bureau

Let’s revisit the Flagstar Bank case which I touched on in my November 20, 2014 posting. This is an important case for a number of reasons, most notably because it was the CFPB’s first enforcement action under the CFPB’s new…more

1/9/2015 | Finance & Banking, Consumer Protection, Real Estate - Residential

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

1/9/2015 | Civil Procedure

Will Georgia Certificate of Need Laws Prevent the FTC from Requiring the Divestiture of Palmyra by Phoebe Putney? Health Care Antitrust Cases to Watch in 2015

Federal and state courts are expected to rule on several nationally watched antitrust health care cases during the first half of 2015. As we enter into the first week of the New Year, Nexsen Pruet associate Rachel Anna…more

1/9/2015 | Antitrust & Trade Regulation, Mergers & Acquisitions, Health

Massachusetts AG Approves Hospital Acquisitions – But Will the State Court? Health Care Antitrust Cases to Watch in 2015

Federal and state courts are expected to rule on several nationally watched antitrust health care cases during the first half of 2015. As we enter into the first week of the New Year, Nexsen Pruet associate Rachel Anna…more

1/8/2015 | Antitrust & Trade Regulation, Mergers & Acquisitions, Health

Ninth Circuit Reviews Anticompetitive Effects of Physician Acquisition in Idaho: Health Care Antitrust Cases to Watch in 2015

Federal and state courts are expected to rule on several nationally watched antitrust health care cases during the first half of 2015. As we enter into the first week of the New Year, Nexsen Pruet associate Rachel Anna…more

1/7/2015 | Antitrust & Trade Regulation, Civil Procedure, Mergers & Acquisitions, Health

New Year: Resolve, Review, Revise

The new year is a time for reflection. With that reflection often comes a resolve for change, from small modifications of some old habits to wholesale new beginnings and everything in between. From a business perspective, this…more

1/7/2015 | Labor & Employment Law

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

1/7/2015 | Commercial Law & Contracts, Labor & Employment Law, Franchise Law

Supreme Court Reviews Agency Comprised of Dental Professionals in State Action Case: Health Care Antitrust Cases to Watch in 2015

Federal and state courts are expected to rule on several nationally watched antitrust health care cases during the first half of 2015. As we enter into the first week of the New Year, Nexsen Pruet associate Rachel Anna…more

1/6/2015 | Antitrust & Trade Regulation, Constitutional Law, Mergers & Acquisitions, Health

IRS Examinations of Forms 1040 - What to be Mindful Of in 2015

Taxpayers and representatives need to be mindful that the IRS Appeals Office has implemented what is known as the Appeals Judicial and Culture (AJAC) Project…more

12/22/2014 | Civil Procedure, Finance & Banking, Taxation

Predictive Coding Slowly Becoming a Game Changer

Two Years After Da Silva Moore - In 2012, Magistrate Judge Andrew Peck of the Southern District of New York approved the use of predictive coding (also called “technology assisted review” or “TAR”) in Da Silva Moore v…more

12/19/2014 | Civil Procedure, Electronic Discovery