Nexsen Pruet, PLLC

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

NC Legislative Update for July 2015 #2

This Week - After a week-long summer recess, lawmakers returned to Raleigh to resume the business of the State. The House finally appointed budget Conferees on Tuesday, nearly a month after receiving the Senate version of…more
| Elections & Politics, Finance & Banking, Taxation, Zoning, Planning & Land Use

NC Legislative Update for July 2015

This Week - After some disagreement at the end of last week, lawmakers agreed Tuesday on Senate Bill 534, which is the Continuing Resolution (CR). The CR will keep State government functioning for forty-five more days until…more
| Elections & Politics

DOL Proposes Changes to White Collar Overtime Pay Exemptions

On July 6, 2015, the U.S. Department of Labor (DOL) formally proposed revisions to the executive, administrative, and professional (EAP) exemptions to the overtime pay requirement of the Fair Labor Standards Act. In addition,…more
| Labor & Employment Law

NC Legislative Update for June 2015 #4

This Week - This week at the General Assembly was relatively dull compared to the last few weeks. The House Finance Committee used two meetings, Tuesday and Thursday, to review and discuss the tax package portion of the…more
| Elections & Politics, Taxation

Supreme Court Upholds Affordable Care Act Subsidies - Tax Alert: King v. Burwell

On Thursday June 25, the United States Supreme Court revealed its decision in King v. Burwell. In the 6-3 opinion, the Supreme Court held subsidies available to Exchange enrollees under the Affordable Care Act (“ACA”) are…more
| Health, Insurance, Taxation

The Consumer Financial Protection Bureau's cases against Sprint and Verizon for Mobile Cramming - Blog: Consumer Financial Protection Bureau

Today we’re taking a look at the Consumer Financial Protection Bureau’s cases against Sprint Corporation (“Sprint”) and Cellco Partnership d/b/a Verizon Wireless (“Verizon”) for mobile cramming. For starters, what does…more
| Communications & Media Law, Consumer Protection

New Harassment and Retaliation Standard in Fourth Circuit

Last month, in Boyer-Liberto v. Fontainebleau Corp., No. 13-1473 (4th Cir. May 7, 2015), the federal Court of Appeals for the Fourth Circuit, which includes North and South Carolina, articulated a new standard for analyzing…more
| Civil Rights, Labor & Employment Law

NC Legislative Update for June 2015 #3

Our thoughts and prayers go out to the families of the victims and church members of the vicious shooting in Charleston, SC. This Week - The Senate budget writers were very active this week as lawmakers worked long…more
| Education, Elections & Politics, Health

Let Freedom of Contract Ring - NC Supreme Court Upholds Enforceability of Long-Term Express Warranties

In the summer of 2013, a divided North Carolina Court of Appeals caused a stir in the construction community when it held in Christie v. Hartley Construction, Inc., 745 S.E.2d 60 (N.C. App. 2013) (hereinafter “Christie 1”) that…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Products Liability

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 Law, Toxic Torts, Zoning, Planning & Land Use

NC Legislative Update for June 2015 #2

This Week - Once again, the state’s budget has been stalled by Medicaid spending, or in this case lack thereof. The North Carolina Department of Health & Human Services (DHHS), responsible for managing the state’s Medicaid…more
| Elections & Politics
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