Author Info for Cranfill Sumner LLP

Steven Bader

Unveiling Privilege Challenges in Joint Corporate Defense Agreements

Four co-defendants meet with their joint defense counsel to discuss a pending lawsuit. The meeting ends and all participants are confident that the discussions will remain private. There is just one problem. One of the…more

Attorney-Client Privilege, Common-Interest Privilege, Litigation Privilege, NC Supreme Court, Privilege Waivers

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Stephen Bell

DOJ’s Corporate Whistleblower Awards Pilot Program Is Open for Business

On August 1, 2024, the United States Department of Justice’s (DOJ) Criminal Division announced the details of its much-anticipated Corporate Whistleblower Awards Pilot Program. This program is designed to incentivize…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Pilot Programs, Qui Tam, Securities and Exchange Commission (SEC)

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Ryan Bolick

[Webinar] Employment Law Panel 2023 - February 16th, 10:00 am - 11:00 am EST

Attorneys Benton Toups, Ryan Bolick, Vince Eisinger and Georgia Malik will discuss a range of Employment Law topics, including to what extent an employer must accommodate an employee’s gender-related preferences; CBD Oil and its…more

Cannabidiol (CBD) oil, Continuing Legal Education, Drug Testing, Employment Contract, Employment Litigation

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Richard Boyette

COA Opinion on Mediated Settlement Agreements

On Nov. 3, 2020, the North Carolina Court of Appeals issued opinion in a case entitled Mitchell v Boswell with a rather unremarkable holding that a mediated settlement agreement reached in a Superior Court ordered mediation is…more

Digital Signature Standards, E-Signatures, Electronic Communications, Electronic Records, Signatures

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Shatilla Shera Cairns

No Second Bite at the Arbitration Apple: How the Fourth Circuit Appeals Court Steadfastly Affirms the Recognition & Enforcement of Foreign Arbitral Awards

Companies that are successfully expanding their business beyond the United States or aiming to grow their business globally may find that understanding the world of international arbitration can be a valuable tool for protecting…more

Arbitration, Arbitration Awards, Cross-Border, Dispute Resolution, Global Market

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Leighton Carlock

A Brave New World: The Future of AI in the Legal Field

The legal profession stands on the brink of a technological revolution, with generative artificial intelligence (AI) poised to transform the way legal services are delivered and disputes are resolved. Recognizing the urgency and…more

Algorithms, Arbitration, Artificial Intelligence, Copyright, Data Privacy

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Buxton (Buck) Copeland

Workers’ Compensation: Frequently Asked Questions from Non-Insured Employers

Workers’ compensation insurance coverage is required for all employers in North Carolina with limited exceptions. If the State of North Carolina discovers that an employer does not have workers’ compensation insurance coverage…more

Employer Liability Issues, Health & Safety Standard, North Carolina, State Labor Laws, Workers' Compensation Claim

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Vince Eisinger

Making it “Rein”: Fifth Circuit Looks to Roll Back Department of Labor Rulemaking Authority

A trio of cases before the United States Court of Appeals for the Fifth Circuit have challenged the core of US Department of Labor rulemaking. With varying levels of success. Restaurant Law Center v. DOL pertains to the DOL’s…more

Department of Labor (DOL), Employer Liability Issues, Federal Labor Laws, Food Service Workers, Restaurant Industry

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Robert El-Jaouhari

After Chevron: The New Battleground for Policing Federal Agencies in the Loper Bright Era

Chevron deference has ended, and with it the significant judicial deference to federal agency interpretations of silences or ambiguities in Congressional statutes…more

Administrative Procedure Act, Chevron Deference, Corporate Counsel, Government Agencies, Loper Bright Enterprises v Raimondo

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Cameron Ervin

Top Administration Officials Warn of Risks of Cyberattacks on U.S. Water and Wastewater Systems

On March 18, 2024, Michael S. Regan, Environmental Protection Agency (“EPA”) Administrator, and National Security Advisor Jake Sullivan issued a letter urging state governors to take immediate action to address the increasing…more

Cybersecurity, Drinking Water, Environmental Protection Agency (EPA), National Security, National Security Agency (NSA)

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Patrick Flanagan

EEOC Issues Updated Guidance to Employers for COVID-19 Related Issues

In the wake of the new Emergency Temporary Standard (ETS) published by OSHA on Nov. 5, 2021, employers have been left with a number of practical questions regarding enforcement and employee exemptions. The EEOC updated its…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Equal Employment Opportunity Commission (EEOC), Human Resources Professionals

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W. Scott Fuller

Just in Case You Didn't (c) It the First Time

With respect to workplace injuries, The North Carolina Workers’ Compensation Act is a legislative fix to a common law problem. The Act is sometimes called “the grand compromise” because it was crafted so as to balance the…more

Compensation & Benefits, Disability Benefits, North Carolina, Workers Compensation Act, Workers Compensation Awards

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Kara Gansmann

The Top 5 Dos and Don’ts of Family Conversations Involving Aging Loved Ones’ Needs

If you are lucky enough to gather around the holiday table with multiple generations, aging relatives, and loved ones, consider the kinds of conversations that you may be engaged in or should be having with them at some point…more

Elder Care, Elder Issues, Estate Planning, Long Term Care Facilities, Nursing Homes

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Deedee Gasch

Telemedicine in North Carolina: The Basics

The United States District Court for the Western District of Virginia in Corradi v. Kolls, No. 4:22-CV-011, 2022 WL 4006928 (W.D. Va. Sept. 1, 2022) recently denied a motion to dismiss filed by a defendant North Carolina doctor…more

Health Care Providers, Healthcare, North Carolina, Physicians, Public Health

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Eleanor Gilroy

2020 Premises Liability Case Law Updates

Open and Obvious Condition and Contributory Negligence Defenses Rule the Day - No good deed goes unpunished for the Plaintiff good samaritan in Draughon v. Evening Star Holiness Church of Dunn, 374 N.C. 479 (2020), especially…more

Civil Liability, Liability, Liability Insurance, Personal Liability

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Robert Griffin

Non-Trucking Liability Policies: Application and Exclusion

Introduction - A policy of non-trucking liability coverage generally applies when a vehicle is being operated for a non-trucking use. If a driver is operating a vehicle in the business of a motor carrier then the motor…more

Auto Insurance, Motor Vehicles, Trucking Industry

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Alisha Harris

Beyond the 500-Week Limit: Understanding Extended Compensation under the North Carolina Workers’ Compensation Act

Can an injured worker receive benefits past the 500-week cap in North Carolina? If your first answer was no, then you have come to the right place!…more

Compensation & Benefits, Disability Benefits, NC Supreme Court, North Carolina, Workers Compensation Act

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Jason Harris

Is it in or out...of the Statute of Limitations?

Timely Service of Uninsured Motorist Actions - On July 7, 2022, the N.C. Supreme Court received a request, in the matter of Ricky DEAN, Administrator of the Estate of Olivia Darlene Flores v. Ravon Walser ROUSEAU, 2022 WL…more

Auto Insurance, Insurance Industry, Insurance Litigation, NC Supreme Court, North Carolina

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Coltrane Henderson

Now You See Me, Now You Don’t: All Things Related to the Compensability of Eye Injuries and Defense of Eye Injury Claims

Under the North Carolina Workers’ Compensation Act, the total loss of a member or loss of vision is a compensable injury…more

Compensation & Benefits, Disability Benefits, North Carolina, Workers Compensation Act, Workers Compensation Awards

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Charles Hicks

The Court of Appeals Issues a New Opinion on the Requirements for Extended Benefits Beyond 500 Weeks

In Betts v. North Carolina Department Of Health And Human Services – Cherry Hospital (No. Coa22-324), the North Carolina Court of Appeals has remanded the case to the full commission for further proceedings, finding that the…more

North Carolina, Workers Compensation Act, Workers Compensation Awards, Workers Compensation Reform, Workers' Compensation Claim

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Joseph Holguin

FinCEN Is Engaged in Rulemaking to Modernize Anti-Money Laundering (AML) and Countering the Financing of Terrorism (CFT) Programs; Comment Period Closes September 3, 2024.

On June 28, 2024, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued proposed rules to modernize and improve financial institutions’ anti-money laundering and countering the financing of…more

Anti-Money Laundering, Anti-Terrorism Financing, Banking Sector, Financial Institutions, FinCEN

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Devin Honbarger

HOT OFF THE PRESS - FAA Rule Change for Aircraft Owners

The FAA’s “Increase the Duration of Aircraft Registration” direct final rule published on November 22, 2022, is now in effect as of January 23, 2023. The new rule amends 14 CFR 47 (“Part 47”), which controls the FAA’s aircraft…more

Aircraft, Aviation Industry, Federal Aviation Administration (FAA), Filing Deadlines, Filing Requirements

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Melody Jolly

Cap On Recovery of Medical Bills in Wrongful Death Claims in North Carolina

Defense lawyers and insurance adjusters are frequently faced with evaluating medical damages presented by plaintiffs counsels and claimants. We often examine alleged damages arising out of personal injuries. Less fortunate are…more

Hospitals, Medical Expenses, North Carolina, Remedies, State and Local Government

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Jennifer Morris Jones

Effective 12/1/20: North Carolina Industrial Commission (NCIC) Rule Amendments

Form 19, Employer’s Report of Injury to the NCIC (11 NCAC 23A .0104) - Effective today, December 1, 2020, defendants are now required to file a Form 19 with the Industrial Commission when the injury causes the employee to be…more

Employer Liability Issues, Hiring & Firing, Labor Regulations, New Legislation, North Carolina

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Daniel Katzenbach

The Three Cases Shaking Up NC Construction Law

Three cases have come out in the last year that will significantly impact construction law in North Carolina. - The Court in Crescent v. Trussway held that an owner of a commercial project cannot sue a subcontractor or…more

Breach of Contract, Construction Contracts, Construction Disputes, Construction Industry, Construction Litigation

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Todd King

Best Investigative Practices Following a Truck Accident

Prompt and comprehensive investigation following a truck accident is imperative. It enables the defense to get an advantage on early claim analysis and evaluation and eliminates any future spoliation issues. Any seasoned…more

Commercial Truck Drivers, Commercial Vehicles, Insurance Adjusters, Trucking Accident, Trucking Industry

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Bradley Kline

NC Court of Appeals Sets Standard for Extended Benefits in Sturdivant v. NC Department of Public Safety – What’s Next?

In Sturdivant v. NC Department of Public Safety (No. COA22-421), the North Carolina Court of Appeals affirms Full Commission Opinion and Award denying extended benefits under N.C.G.S. 97-29 (c)…more

Claim Procedures, Disability, Disability Benefits, Employee Benefits, Employer Liability Issues

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Rebecca Knudson

HOA Restrictive Covenants Impacts

The North Carolina Court of Appeals recently published an opinion in Bryan v. Kittinger that has the potential to impact how community associations, such as HOAs, can amend restrictive covenants. The Court also ruled on the…more

Community Associations, Condominium Associations, Condominiums, Homeowners Association (HOA), Pets

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Elizabeth Leonard

A Closer Look at North Carolina’s Anti-Indemnity Statute – and Other Defenses to Indemnity Claims in the Construction and Design Professional Context

Have you or your clients been sued by an individual or company seeking indemnity for damages allegedly incurred? Are you wondering how to combat and defend against such a claim?…more

Construction Contracts, Construction Industry, Contract Terms, Design Professionals, General Contractors

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Janelle Lyons

[Virtual Seminar] Workers’ Compensation & Civil Litigation Law Updates - September 29th, 9:00 am - 4:00 pm EDT

Register Today For Cranfill Sumner’s 2021 Virtual Continuing Education Seminar: Workers’ Compensation & Civil Litigation Law Updates..…more

Americans with Disabilities Act (ADA), Appeals, Asbestos, Auto Insurance, Commercial General Liability Policies

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Georgia Malik

CBD Oil & Its Implication on Drug Policies in the Workplace – 2023 Update

Since our last update on CBD Oil and its implication in the workplace, there have been a few updates in the cannabis world and what it means for North Carolina…more

Cannabidiol (CBD) oil, Cannabis Products, Employee Rights, Employer Liability Issues, Employment Litigation

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Q. Shanté Martin

The Danger of Open Meetings Violations

Compliance with the Open Meetings Law is an ongoing, ever-present obligation for all North Carolina public boards. The advent of Governor Cooper’s COVID-19 State of Emergency declaration prompted additional open meetings…more

Board Meetings, Coronavirus/COVID-19, Governor Cooper, North Carolina, Open Meetings Act

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Kayla McDaniel

North Carolina Enacts Stricter Legislation Aimed at Improving Residential Elevator Safety

North Carolina has implemented House Bill 619, which amends the regulations for residential elevators set forth in Article 9 of Chapter 143 of the General Statutes. The law applies to residential elevators in private residences,…more

Building Standards, Elevators, Homeowners, Homeowners Association (HOA), New Legislation

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Christina Milnor

After Jarkesy, What Is Next for In-House Enforcement Proceedings?

Much virtual ink has been spilled in the weeks and months since the Supreme Court issued its opinion in Securities and Exchange Commission v. Jarkesy—much attesting to that the decision was the death knell for in-house…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Civil Monetary Penalty, Constitutional Challenges

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Patrick Mincey

DOJ’s Corporate Whistleblower Awards Pilot Program Is Open for Business

On August 1, 2024, the United States Department of Justice’s (DOJ) Criminal Division announced the details of its much-anticipated Corporate Whistleblower Awards Pilot Program. This program is designed to incentivize…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Pilot Programs, Qui Tam, Securities and Exchange Commission (SEC)

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Roy Pettigrew

Insights from the Legal Summit: Understanding Joint Prosecution Agreements in Third-Party Claims

On October 11, 2023, Cranfill Sumner LLP held our annual Legal Summit, a virtual event featuring insightful presentations by our attorneys that focused on the latest legal developments in North Carolina. Presentations covered…more

Employer Liability Issues, Employer Responsibilities, North Carolina, Third-Party, Workers Compensation Awards

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Amy Pfeiffer

Court Order Leads to Changes at the Industrial Commission

After taking office, Governor Cooper filed a lawsuit against the NC General Assembly and Chairman Allen and Commissioner Stith of the NC Industrial Commission challenging on constitutional grounds to changes to NCIC appointment…more

Administrative Appointments, Constitutional Challenges, Governor Cooper, Industrial Commissions, Separation of Powers

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Russell Racine

Supreme Court Rules that a Generic Term Combined with “.com” is Protectable

Recently the Supreme Court affirmed registration on the principal register for what appeared to be a generic term. In United States Patent & Trademark Office v. Booking.com B. V., 140 S. Ct. 2298 (2020), the Court affirmed…more

Acquired Distinctiveness, Appeals, Booking.com, Domain Name Registration, Domain Names

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Charlie Raphun

The State of Data Privacy

January 28 is International Privacy Day, and this day is an opportunity to learn about recent developments in the legal landscape for privacy law. It is also a good opportunity to highlight how far privacy rights have come, and…more

Consumer Privacy Rights, Data Collection, Data Privacy, Data Protection, Data Rights

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Chad Rhoades

DOJ’s Corporate Whistleblower Awards Pilot Program Is Open for Business

On August 1, 2024, the United States Department of Justice’s (DOJ) Criminal Division announced the details of its much-anticipated Corporate Whistleblower Awards Pilot Program. This program is designed to incentivize…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Pilot Programs, Qui Tam, Securities and Exchange Commission (SEC)

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J. Michael Ricci

2014 NC Case Law Update

Below is a summary of significant 2014 Workers Compensation cases decided by the Courts, along with “practice tips” for addressing these issues. Covered topics include: Medical Causation, notice defenses, subsequent injuries,…more

Workers' Compensation Defense, Workplace Injury

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Maxwell Shafer

After Jarkesy, What Is Next for In-House Enforcement Proceedings?

Much virtual ink has been spilled in the weeks and months since the Supreme Court issued its opinion in Securities and Exchange Commission v. Jarkesy—much attesting to that the decision was the death knell for in-house…more

Administrative Authority, Administrative Law Judge (ALJ), Administrative Proceedings, Civil Monetary Penalty, Constitutional Challenges

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Jerri Simmons

[Virtual Seminar] Workers’ Compensation & Civil Litigation Law Updates - September 29th, 9:00 am - 4:00 pm EDT

Register Today For Cranfill Sumner’s 2021 Virtual Continuing Education Seminar: Workers’ Compensation & Civil Litigation Law Updates..…more

Americans with Disabilities Act (ADA), Appeals, Asbestos, Auto Insurance, Commercial General Liability Policies

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Austin Sistrunk

Telemedicine in North Carolina: The Basics

The United States District Court for the Western District of Virginia in Corradi v. Kolls, No. 4:22-CV-011, 2022 WL 4006928 (W.D. Va. Sept. 1, 2022) recently denied a motion to dismiss filed by a defendant North Carolina doctor…more

Health Care Providers, Healthcare, North Carolina, Physicians, Public Health

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Eliza Darden Smith

FTC’s Noncompete Ban Hangs in the Balance as Conflicting Court Decision Further Muddies the Water

On July 23, 2024, the United States District Court for the Eastern District of Pennsylvania (Hodge, J.) declined to enjoin the Federal Trade Commission’s noncompete ban (“Rule”) in a ruling in the matter of ATS Tree Services,…more

Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Hiring & Firing

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Elizabeth Stephens

Top Administration Officials Warn of Risks of Cyberattacks on U.S. Water and Wastewater Systems

On March 18, 2024, Michael S. Regan, Environmental Protection Agency (“EPA”) Administrator, and National Security Advisor Jake Sullivan issued a letter urging state governors to take immediate action to address the increasing…more

Cybersecurity, Drinking Water, Environmental Protection Agency (EPA), National Security, National Security Agency (NSA)

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Jake Stewart

The Mortality of Immunity

Are North Carolina Courts Chipping Away at Public Official Immunity? For years, police officers and other public officials in North Carolina have enjoyed the protections of public official immunity when charged or sued in…more

Actual Malice, Governmental Immunity, Immunity, North Carolina, Police

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James Thornton

US Supreme Court Makes it Easier to Bring Claims Against Police Officers

Last week, in Kingsley v. Hendrickson, the United States Supreme Court changed the law in the 4th Circuit, which includes North Carolina. North Carolina police officers will now work in a world in which it is easier for a…more

Due Process, Fourteenth Amendment, Harmless Error, Jury Instructions, Kingsley v Hendrickson

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Dominic Totman

HIPAA and the Practitioner’s Perspective: Appreciating the Risk

The practicing doctor (presumably) knows that he or she is (likely) subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Less certain is whether said practitioner knows just what that means…more

Data Privacy, Data Protection, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Benton Toups

Overtime Changes Coming July 1, 2024

On April 23, 2024, the U.S. Department of Labor (DOL) issued a final rule raising the salary threshold for so-called “white collar” exemptions to overtime regulations. The rule goes into effect July 1, 2024. Here’s what you…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Federal Labor Laws, Highly Compensated Employees

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Nicholas Valaoras

Anchors Away! The Supreme Court Addresses Important Medical Causation Issues in Kluttz-Ellison v. Noah’s Playloft Preschool

Plaintiff Robin Kluttz-Ellison was the owner of Noah’s Playloft, a preschool in Salisbury, North Carolina. She had a pre-existing history of right knee problems and had a right knee arthroplasty before her alleged workplace…more

Bodily Injury, Causation, Industrial Commissions, Preexisting Conditions, SCOTUS

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F. Marshall Wall

The Role of H-2A Workers and Farm Labor Contractors in US Agriculture

The H-2A program plays a significant role in supporting the agricultural industry in the United States, including North Carolina. The program is instrumental because domestic labor often falls short in meeting the demands for…more

Agricultural Land, Agricultural Workers, Department of Labor (DOL), Farm Workers, Farms

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Ariella Walsh

Ensuring Liability-Free Leisure: Five Swimming Pool Safety Tips for Summer

As the weather begins to warm up and the summer holidays approach, now is the time to ensure that your swimming pool is ready for opening day. While a visit to the pool on a July day is a treat many hope to enjoy, operating a…more

Bodily Injury, Drowning Deaths, Negligence, Safety Precautions, Swimming Pools

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Stephanie Webster

Invalidating Long-Standing Fourth Circuit Precedent, U.S. Supreme Court Holds that Title VII’s Charge Filing Requirement is Procedural, Not Jurisdictional

Before initiating a lawsuit under Title VII, a complainant must first file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged act of discrimination. Typically,…more

Affirmative Defenses, Amended Complaints, Appeals, Charge-Filing Preconditions, Civil Rights Act

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Jennifer Welch

North Carolina Supreme Court Rules Stacking of UIM Coverage Is Not Permitted When Determining Whether a Vehicle is Underinsured

In N.C. Farm Bureau Mut. Ins. Co. v. Herbert, the North Carolina Supreme Court held that UIM policies cannot be stacked when determining whether a tortfeasor’s vehicle is underinsured. The decision upends almost 30 years of…more

Auto Insurance, Car Accident, Insurance Industry, Insurance Litigation, NC Supreme Court

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Winston West

Making it “Rein”: Fifth Circuit Looks to Roll Back Department of Labor Rulemaking Authority

A trio of cases before the United States Court of Appeals for the Fifth Circuit have challenged the core of US Department of Labor rulemaking. With varying levels of success. Restaurant Law Center v. DOL pertains to the DOL’s…more

Department of Labor (DOL), Employer Liability Issues, Federal Labor Laws, Food Service Workers, Restaurant Industry

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RaShawnda Williams

The Top 5 Policies Your Public School Needs for the 2024-2025 School Year

The 2024-2025 academic school year is ushering in a wave of new, mandatory policies to be adopted by public schools across North Carolina. Statutory and regulatory changes at the state and federal levels have imposed…more

North Carolina, Parental Rights, Public Schools, School Policies, School Principal

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Mica Nguyen Worthy

A Brave New World: The Future of AI in the Legal Field

The legal profession stands on the brink of a technological revolution, with generative artificial intelligence (AI) poised to transform the way legal services are delivered and disputes are resolved. Recognizing the urgency and…more

Algorithms, Arbitration, Artificial Intelligence, Copyright, Data Privacy

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Jack Wright

Anti-Social Media Behavior, Free Speech and Governmental Liability II –Supreme Court Ruling in Lindke v. Freed

In my prior article, I discussed Lindke v. Freed, in which a social media user brought action under § 1983 against a city manager, alleging that the manager violated the user’s First Amendment rights by deleting his comments on…more

First Amendment, Government Officials, Lindke v Freed, Online Commentary, Personal Use

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