Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P.

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Geoffrey Adams

Surcharges and Checkout Fees: Navigating the Mine Field

In November 2012, Visa and MasterCard agreed to alter their credit card surcharging rules as part of a settlement related to the class action case In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation…more

Class Action, Credit Cards, MasterCard, Service Charges, Settlement

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J. Mitchell Armbruster

U.S. Supreme Court Recognizes Airline Immunity for TSA Reports of Suspicious Behavior

In Air Wisconsin Airlines Corp. v. Hoeper (Jan. 27, 2014), the U.S. Supreme Court concluded that airlines are entitled to civil immunity for reporting suspicious behavior to the TSA, provided their reports are not “materially…more

Air Wisconsin v. Hoeper, Airlines, ATSA, SCOTUS, Transportation Security Administration

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Andrew Atkins

North Carolina Court of Appeals Upholds Arbitration Clauses in Consumer Agreements

The North Carolina Court of Appeals has recently enforced arbitration clauses in short-term “payday” loan contracts, requiring the borrowers to bring their claims in arbitration rather than in court. In doing so, the Court…more

Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Payday Loans

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Amy Batten

The SEC's Proposed Pay Ratio Rule: What it Could Mean for Your Upcoming Filings

Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) mandates the Securities and Exchange Commission (SEC) to amend Item 402 of Regulation S-K (Item 402) to require certain companies to…more

Annual Filings, Annual Reports, CEOs, Disclosure Requirements, Dodd-Frank

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Francisco Benzoni

Is North Carolina a Daubert State? Drum Roll Please...

Yes! North Carolina is now officially a Daubert state, according to a recent decision of the North Carolina Court of Appeals. In State v. McGrady, COA13-330, 2014 WL 211962 (N.C. Ct. App. Jan. 21, 2014), the Court of Appeals…more

Daubert Standards, Evidence, Expert Testimony

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Megan Black

North Carolina Unemployment Insurance Reform

In this Presentation: - The Push for Reform - House Bill 4 - Increased UI Tax Rates - Reduction in Weekly Benefit Amount - Reduction in Duration of Benefits - Waiting Week for Each…more

Insurance Reform, Unemployment, Unemployment Insurance

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Julian Bobbitt, Jr.

A Checklist for Entering Shared Savings Contracts: Practical Considerations

It’s no secret that payment for health care services is moving away from a fee-for-service world that rewards volume towards new value-based models that encourage higher quality and more efficient care. Perhaps no value-based…more

CMS, Fee-for-Service, Healthcare, Healthcare Reform, Medicare

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Peter Bosman

Flawed, but Fair: Updated Guidance for Boards and Investors

A recent Delaware decision, in re Trados Incorporated Shareholder Litigation, underscores a director’s responsibilities in “underwater” venture deals. In a 114-page opinion by Vice Chancellor Laster, the court reviewed the sale…more

Board of Directors, Common Stock, Investors, Liquidation, Stocks

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Alexander Bowling

JOBS Act Update: SEC Proposes New Rules to Update Regulation A Offerings

In mid-December, the Securities and Exchange Commission (SEC) voted to propose rules updating the framework to the existing Regulation A offering. The rules would implement new Section 3(b)(2) of the Securities Act of 1933, as…more

JOBS Act, Regulation A, Reporting Requirements, SEC, Securities Act of 1933

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Curtis Brewer, IV

JOBS Act Update: SEC Proposes New Rules to Update Regulation A Offerings

In mid-December, the Securities and Exchange Commission (SEC) voted to propose rules updating the framework to the existing Regulation A offering. The rules would implement new Section 3(b)(2) of the Securities Act of 1933, as…more

JOBS Act, Regulation A, Reporting Requirements, SEC, Securities Act of 1933

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Martin Brinkley

FTC Announces New HSR Reporting Thresholds for 2014

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) requires parties to transactions meeting certain size thresholds to make notification filings with the Federal Trade Commission and the Antitrust Division of the…more

FTC, Hart-Scott-Rodino Act, Pre-Merger Filing Requirements

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Clifton Brinson

North Carolina Court of Appeals Upholds Arbitration Clauses in Consumer Agreements

The North Carolina Court of Appeals has recently enforced arbitration clauses in short-term “payday” loan contracts, requiring the borrowers to bring their claims in arbitration rather than in court. In doing so, the Court…more

Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Payday Loans

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Rebecca Brophy

Delaware Court Finds That a Reverse Triangular Merger Does Not Result in an Assignment by Operation of Law

In Meso Scale Diagnostics, LLC v. Roche Diagnostics GMBH the Delaware Court of Chancery confirmed that a reverse triangular merger did not result in an assignment by operation of law. This affirms the traditional view often…more

Assignments, Reverse Triangular Mergers

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Joshua Bryant

eTrends - Reminder: New Withholding Allowance Certificate is Required for Wage Payments Made On or After January 1, 2014

As a result of changes in North Carolina’s state income tax law, employees must complete a new Employee’s Withholding Allowance Certificate, Form NC-4 or Form NC-4EZ, so that employers can withhold the correct amount of North…more

Income Taxes, Tax Credits, Tax Deductions, Wages, Withholding Allowances

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David Clement

FTC Announces New HSR Reporting Thresholds for 2014

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) requires parties to transactions meeting certain size thresholds to make notification filings with the Federal Trade Commission and the Antitrust Division of the…more

FTC, Hart-Scott-Rodino Act, Pre-Merger Filing Requirements

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Toby Coleman

Members of Nonprofit Corporations Can Bring Derivative Actions – But They May Have to Pay a Price

A recent decision by the North Carolina Court of Appeals serves as a reminder to North Carolina nonprofit corporations that their members can bring derivative actions on behalf of the nonprofit. But, if such actions are brought…more

Attorney's Fees, Derivative Suit, Non-Profits

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Anne Croteau

JOBS Act Update: SEC Proposes New Rules to Update Regulation A Offerings

In mid-December, the Securities and Exchange Commission (SEC) voted to propose rules updating the framework to the existing Regulation A offering. The rules would implement new Section 3(b)(2) of the Securities Act of 1933, as…more

JOBS Act, Regulation A, Reporting Requirements, SEC, Securities Act of 1933

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Blake Fricks

Fourth Circuit Clarifies the Role of the District Court in a Trademark Civil Action Following a Proceeding Before the Trademark Trial and Appeal Board

On January 7, 2014, the Fourth Circuit Court of Appeals clarified that a district court must take a fresh look at all of the evidence – including evidence previously submitted to the Trademark Trial and Appeal Board (TTAB) – in…more

Trademark Litigation, Trademark Trial and Appeal Board, Trademarks

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Alicia Gilleskie

How To Catch-Up in a Revised HIPAA World

The HIPAA final omnibus rule (Omnibus Rule) made sweeping changes to the HIPAA Privacy, Security, Breach Notification and Enforcement Rules earlier this year. Although the compliance deadline of September 23, 2013 has come and…more

Business Associates, Confidential Information, Contract Drafting, Covered Entities, Cyber Insurance

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Susan Hargrove

Fourth Circuit Limits Scope of Employers’ Claims Under Computer Fraud and Abuse Act

In July 2012, the United States Court of Appeals for the Fourth Circuit issued an important decision limiting the claims employers can bring against disloyal current and former employees under the federal Computer Fraud and…more

CFAA, Employer Liability Issues, Fraud

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David Hayden

Is Your Teaming Agreement Enforceable?

Teammates who pursue a federal contract should agree up front and in detail regarding their respective obligations if the contract is awarded. Only agreeing to negotiate specific terms after an agency award is unlikely to…more

Federal Acquisition Regulations, Teaming Agreements

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Jamison Hinkle

Affordable Care Act Confusion: Health Care Exchange Notice Due but No Penalty for Noncompliance

The Affordable Care Act and subsequent guidance require all employers subject to the Fair Labor Standards Act to provide notice of health care coverage options available through a health care exchange to all current employees no…more

Affordable Care Act, Deadlines, DOL, FLSA, Health Insurance Exchanges

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J. Travis Hockaday

Reminder: North Carolina Law Now Prohibits Employer Inquiries About Expunged Criminal Records

Under the recently enacted Senate Bill 91 (effective December 1, 2013), North Carolina employers now are prohibited from requiring job applicants to disclose information (in interviews, on applications or otherwise) concerning…more

Criminal Background Checks, Criminal Records, Expungement

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Benji Jones

Private Company M&A Brokers Exempt from SEC Registration

The SEC has granted relief to Mergers and Acquisitions (M&A) advisory firms to allow them to facilitate private company M&A transactions and receive transaction-based fees without registering as broker-dealers. It has long been…more

Brokers, No-Action Letters, Registration, SEC

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Amanda Keister

ISS Corporate Governance Measurement: New for 2014

Institutional Shareholder Services Inc. (ISS) has announced details concerning the newest version of its corporate governance measurement system, QuickScore 2.0, which is launching just one year after its predecessor, the…more

Corporate Governance, ISS, QuickScore

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Rosemary Kenyon

Effectively managing absences under the FMLA (Presentation)

In This Presentation: - Effective and Compliant Policies An attendance policy should establish the employer’s expectation that regular attendance is required for the success of the business and to ensure…more

Employee Rights, FMLA, Paid Leave, Time-Off Policies, Unpaid Leave

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Byron Kirkland

JOBS Act Update: SEC Proposes New Rules to Update Regulation A Offerings

In mid-December, the Securities and Exchange Commission (SEC) voted to propose rules updating the framework to the existing Regulation A offering. The rules would implement new Section 3(b)(2) of the Securities Act of 1933, as…more

JOBS Act, Regulation A, Reporting Requirements, SEC, Securities Act of 1933

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Kimberly Korando

OFCCP Revised VEVRAA and 503 Regulations: Part I - Compliance Timeline, Narrative Obligations and Outreach Requirements

In this Presentation: - Part I-Compliance Timeline, Narrative Obligations and Outreach Requirements - Subpart A - Preliminary Matters - Subpart A - EO clause changes - Subpart C - Major…more

Affirmative Action, Compliance, Disability, Federal Contractors, OFCCP

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Isaac Linnartz

Fourth Circuit Limits Scope of Employers’ Claims Under Computer Fraud and Abuse Act

In July 2012, the United States Court of Appeals for the Fourth Circuit issued an important decision limiting the claims employers can bring against disloyal current and former employees under the federal Computer Fraud and…more

CFAA, Employer Liability Issues, Fraud

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Wayne Maiorano

Changes to North Carolina Lien and Bond Law – What You Need to Know

A number of significant changes to North Carolina’s lien and bond statutes were just signed into law. In part, these changes are in reaction to concerns from the title insurance industry about so-called “hidden” liens, the risk…more

Bonds, Construction Liens, Contractors, Liens, Notice Requirements

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Jason Martinez

ISS Corporate Governance Measurement: New for 2014

Institutional Shareholder Services Inc. (ISS) has announced details concerning the newest version of its corporate governance measurement system, QuickScore 2.0, which is launching just one year after its predecessor, the…more

Corporate Governance, ISS, QuickScore

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Merrill Mason

JOBS Act Update: SEC Proposes New Rules to Update Regulation A Offerings

In mid-December, the Securities and Exchange Commission (SEC) voted to propose rules updating the framework to the existing Regulation A offering. The rules would implement new Section 3(b)(2) of the Securities Act of 1933, as…more

JOBS Act, Regulation A, Reporting Requirements, SEC, Securities Act of 1933

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Caryn McNeill

Affordable Care Act Confusion: Health Care Exchange Notice Due but No Penalty for Noncompliance

The Affordable Care Act and subsequent guidance require all employers subject to the Fair Labor Standards Act to provide notice of health care coverage options available through a health care exchange to all current employees no…more

Affordable Care Act, Deadlines, DOL, FLSA, Health Insurance Exchanges

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Miranda Miller

FTC Announces New HSR Reporting Thresholds for 2014

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) requires parties to transactions meeting certain size thresholds to make notification filings with the Federal Trade Commission and the Antitrust Division of the…more

FTC, Hart-Scott-Rodino Act, Pre-Merger Filing Requirements

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Michael Mitchell

North Carolina Court of Appeals Upholds Arbitration Clauses in Consumer Agreements

The North Carolina Court of Appeals has recently enforced arbitration clauses in short-term “payday” loan contracts, requiring the borrowers to bring their claims in arbitration rather than in court. In doing so, the Court…more

Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Payday Loans

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Jackson Moore

Executive Order Raises Minimum Wage for Federal Contractors

As he suggested during his 2014 State of the Union address, President Obama intends to “lead by example” to increase the minimum wage by urging businesses to raise employee wages and by increasing minimum wages payable to…more

Executive Orders, Federal Contractors, Minimum Wage, Wage and Hour

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Robert Morris

Fourth Circuit Clarifies the Role of the District Court in a Trademark Civil Action Following a Proceeding Before the Trademark Trial and Appeal Board

On January 7, 2014, the Fourth Circuit Court of Appeals clarified that a district court must take a fresh look at all of the evidence – including evidence previously submitted to the Trademark Trial and Appeal Board (TTAB) – in…more

Trademark Litigation, Trademark Trial and Appeal Board, Trademarks

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R. Donovan Munford

Elective Share Changes May Require Estate Planning Updates

Effective October 1, 2013, the elective share rules for persons who die domiciled in North Carolina have been simplified, but for many married couples the simplification will mean a substantial change in the property rights of a…more

Estate Planning, Marriage, Spousal Elective Share, Surviving Spouse

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Kelli Ovies

Fourth Circuit Clarifies the Role of the District Court in a Trademark Civil Action Following a Proceeding Before the Trademark Trial and Appeal Board

On January 7, 2014, the Fourth Circuit Court of Appeals clarified that a district court must take a fresh look at all of the evidence – including evidence previously submitted to the Trademark Trial and Appeal Board (TTAB) – in…more

Trademark Litigation, Trademark Trial and Appeal Board, Trademarks

See All Updates »

Susan Milner Parrott

Executive Order Raises Minimum Wage for Federal Contractors

As he suggested during his 2014 State of the Union address, President Obama intends to “lead by example” to increase the minimum wage by urging businesses to raise employee wages and by increasing minimum wages payable to…more

Executive Orders, Federal Contractors, Minimum Wage, Wage and Hour

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Addie K. S. Ries

U.S. Supreme Court Recognizes Airline Immunity for TSA Reports of Suspicious Behavior

In Air Wisconsin Airlines Corp. v. Hoeper (Jan. 27, 2014), the U.S. Supreme Court concluded that airlines are entitled to civil immunity for reporting suspicious behavior to the TSA, provided their reports are not “materially…more

Air Wisconsin v. Hoeper, Airlines, ATSA, SCOTUS, Transportation Security Administration

See All Updates »

Gerald Roach

JOBS Act Update: SEC Proposes New Rules to Update Regulation A Offerings

In mid-December, the Securities and Exchange Commission (SEC) voted to propose rules updating the framework to the existing Regulation A offering. The rules would implement new Section 3(b)(2) of the Securities Act of 1933, as…more

JOBS Act, Regulation A, Reporting Requirements, SEC, Securities Act of 1933

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Walter Rogers, Jr.

Elective Share Changes May Require Estate Planning Updates

Effective October 1, 2013, the elective share rules for persons who die domiciled in North Carolina have been simplified, but for many married couples the simplification will mean a substantial change in the property rights of a…more

Estate Planning, Marriage, Spousal Elective Share, Surviving Spouse

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Margaret Rosenfeld

JOBS Act Update: SEC Proposes New Rules to Update Regulation A Offerings

In mid-December, the Securities and Exchange Commission (SEC) voted to propose rules updating the framework to the existing Regulation A offering. The rules would implement new Section 3(b)(2) of the Securities Act of 1933, as…more

JOBS Act, Regulation A, Reporting Requirements, SEC, Securities Act of 1933

See All Updates »

Michael Saber

Private Company M&A Brokers Exempt from SEC Registration

The SEC has granted relief to Mergers and Acquisitions (M&A) advisory firms to allow them to facilitate private company M&A transactions and receive transaction-based fees without registering as broker-dealers. It has long been…more

Brokers, No-Action Letters, Registration, SEC

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David Sartorio

Private Company M&A Brokers Exempt from SEC Registration

The SEC has granted relief to Mergers and Acquisitions (M&A) advisory firms to allow them to facilitate private company M&A transactions and receive transaction-based fees without registering as broker-dealers. It has long been…more

Brokers, No-Action Letters, Registration, SEC

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Kerry Shad

Are Your Employees Properly Classified?

In This Presentation: - Introduction - FLSA “White Collar” Exemptions - Three Tests for Exemption - Salary Level Test - Salary Basis Test - Can the Employer Make Deductions? -…more

Classification, Compliance, Contractors, Employer Liability Issues, FLSA

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Dana Simpson

A Checklist for Entering Shared Savings Contracts: Practical Considerations

It’s no secret that payment for health care services is moving away from a fee-for-service world that rewards volume towards new value-based models that encourage higher quality and more efficient care. Perhaps no value-based…more

CMS, Fee-for-Service, Healthcare, Healthcare Reform, Medicare

See All Updates »

Christopher Smith

North Carolina Court of Appeals Upholds Arbitration Clauses in Consumer Agreements

The North Carolina Court of Appeals has recently enforced arbitration clauses in short-term “payday” loan contracts, requiring the borrowers to bring their claims in arbitration rather than in court. In doing so, the Court…more

Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Payday Loans

See All Updates »

Mary Pat Sullivan

How To Catch-Up in a Revised HIPAA World

The HIPAA final omnibus rule (Omnibus Rule) made sweeping changes to the HIPAA Privacy, Security, Breach Notification and Enforcement Rules earlier this year. Although the compliance deadline of September 23, 2013 has come and…more

Business Associates, Confidential Information, Contract Drafting, Covered Entities, Cyber Insurance

See All Updates »

Kimberly Swintosky

Elective Share Changes May Require Estate Planning Updates

Effective October 1, 2013, the elective share rules for persons who die domiciled in North Carolina have been simplified, but for many married couples the simplification will mean a substantial change in the property rights of a…more

Estate Planning, Marriage, Spousal Elective Share, Surviving Spouse

See All Updates »

A. Heath Tripp

The SEC's Proposed Pay Ratio Rule: What it Could Mean for Your Upcoming Filings

Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) mandates the Securities and Exchange Commission (SEC) to amend Item 402 of Regulation S-K (Item 402) to require certain companies to…more

Annual Filings, Annual Reports, CEOs, Disclosure Requirements, Dodd-Frank

See All Updates »

Jeffrey Truitt

Federal Contracts When Selling a Business

When selling a business, the owner must balance deal certainty, tax consequences, speed, regulatory clearances, third party consents and liability allocation…more

Assignments, Contractors, Federal Acquisition Regulations, Novation

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Donald H. Tucker, Jr

North Carolina Court of Appeals Upholds Arbitration Clauses in Consumer Agreements

The North Carolina Court of Appeals has recently enforced arbitration clauses in short-term “payday” loan contracts, requiring the borrowers to bring their claims in arbitration rather than in court. In doing so, the Court…more

Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Payday Loans

See All Updates »

Craig Wheaton

Affordable Care Act Confusion: Health Care Exchange Notice Due but No Penalty for Noncompliance

The Affordable Care Act and subsequent guidance require all employers subject to the Fair Labor Standards Act to provide notice of health care coverage options available through a health care exchange to all current employees no…more

Affordable Care Act, Deadlines, DOL, FLSA, Health Insurance Exchanges

See All Updates »

Katherine Young

Elective Share Changes May Require Estate Planning Updates

Effective October 1, 2013, the elective share rules for persons who die domiciled in North Carolina have been simplified, but for many married couples the simplification will mean a substantial change in the property rights of a…more

Estate Planning, Marriage, Spousal Elective Share, Surviving Spouse

See All Updates »

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