Poyner Spruill LLP

Contact
Share
Info
301 Fayetteville Street, Suite 1900
Raleigh, North Carolina 27601, United States
Contact: Jackie Spivey
Phone: 919.783.6400
Areas of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Real Estate
  • Securities Law
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • North Carolina
Number of Attorneys
100+ Attorneys

Franchise Opportunities: One Size Does Not Fit All

Purchasing a franchise opportunity has become a popular means of pursuing a new business venture. The idea of joining an established group and utilizing a recognized brand can offer an added level of comfort when going into…more

Franchise Agreements, Franchise Disclosure Document, Franchises, FTC

See all updates »

Estate Plans May No Longer Need Credit Shelter Trusts

The 2012 Tax Relief Act provides an exemption from federal estate tax of $5,250,000 inflation indexed per spouse that is portable between spouses. If the first spouse to die does not use in whole or in part her or his exemption,…more

American Taxpayer Relief Act, Credit Shelter Trusts, Estate Planning, Estate Tax, Exemptions

See all updates »

Administrative Check-Up on Participant Plan Loans

The IRS just issued a memo to its auditors approving two different methods for calculating the statutory limitation on available loan amounts when a participant takes a new loan within 12 months of having paid off another loan…more

Benefit Plan Sponsors, DOL, IRS, Loans, Retirement Plan

See all updates »

Shorts On Long Term Care March 2017 - News for the NC LTC Community

Thursdays with Mama - Life has a rhythm, a symmetry, a meter, a metric. It’s rarely smooth or perfect. It’s knots and knuckles, bumps and bruises. It’s rough and tumble. It sings its own song in its own time. Please…more

CMS, Health Care Providers, HHS, Long-Term Care, Medicaid

See all updates »

NLRB Takes Aim (Again) at Non-Unionized Employee Handbook

This month, NLRB Judge Robert A. Ringler struck down numerous policies (17 in total) in a non-unionized employee handbook, concluding that those policies all violated Sections 7 and/or 8 of the National Labor Relations Act. We…more

Audio Recording, Confidential Information, Employee Handbooks, NLRA, NLRB

See all updates »

EEOC and DOL Get New Leadership

As the Trump Administration continues to fill executive agency and department positions, it has recently named new leadership for the Equal Employment Opportunity Commission (EEOC) and the United States Department of Labor…more

DOL, EEOC, Political Appointments, Trump Administration

See all updates »

Protecting an Interest in a Ground Lease – A Lender’s Perspective

Lenders are often asked to provide financing secured by a leasehold interest in land evidenced by a ground lease. A ground lease is an agreement between the fee owner of real estate (the ground lessor or landlord) and its tenant…more

Assignments, Collateral, Contract Terms, Deed of Trust, Ground Leases

See all updates »

Is Your Company Making Timely 401(K) Contributions? - You should be depositing employee contributions ASAP after every payroll!

The deposit timing rules are relatively straightforward, or so we thought... Just a few weeks ago, a client asked us for assistance in completing the 401(k) recordkeeper’s 2014 Form 5500 data questionnaire. As expected,…more

401k, Deadlines, Employee Benefits, Employer Liability Issues

See all updates »

OSHA-Compliant Incentive Programs

Many employers utilize incentive programs to reward employees for compliance with company safety policies. Many of these programs utilize a system of rewards based upon the number of consecutive days a facility has been without…more

Anti-Retaliation Provisions, Employer Liability Issues, OSHA, Reporting Requirements, Workplace Injury

See all updates »

What to Watch - Supreme Court to Consider Whether Agreements to Waive Employees' Class or Collective Action Rights are Enforceable

In recent years, employers have increasingly been subject to class and collective actions lawsuits by employees alleging various employment law violations, including claims under the Fair Labor Standards Act. In response,…more

Arbitration Agreements, Class Action, Class Action Arbitration Waivers, Collective Actions, Corporate Counsel

See all updates »

In-House Loan Modifications In South Carolina Are Not The Unauthorized Practice of Law

The South Carolina Supreme Court recently issued two opinions concerning the unauthorized practice of law in real estate transactions. Under earlier Supreme Court cases, five aspects of a real estate loan or mortgage closing…more

Closing Documents, Equitable Relief, Foreclosure, Loan Modifications, Mortgages

See all updates »

North Carolina Court of Appeals Allows Borrower to Take Breach of Fiduciary Duty Claims Against Lender to a Jury

In what may be a first for a North Carolina appellate court, the North Carolina Court of Appeals has reversed the entry of summary judgment for a lender on a borrower’s breach of fiduciary claim. In Dallaire v. Bank of America,…more

Appeals, Bank of America, Breach of Contract, Chapter 7, Debtor-Creditor

See all updates »

Supreme Court Allows Early Challenges to Wetlands Jurisdictional Determinations

The U.S. Supreme Court has ruled that a property owner can go to court to challenge a determination by the Army Corps of Engineers (Corps) that part of the property is “waters of the U.S.” or connected wetlands and therefore…more

Clean Water Act, Jurisdiction, Land-Use Permits, SCOTUS, Section 404

See all updates »

Governmental Employers Take Note: Court of Appeals allows employee’s claim for violation of N.C. constitution to go forward

In Tully v. City of Wilmington, No. COA15-956 (N.C. Ct. App. Aug. 16, 2016), the Court of Appeals held for the first time in North Carolina that a governmental employee had alleged a valid property and liberty interest in…more

Employer Liability Issues, Job Promotions, Policies and Procedures, Public Employees, Sovereign Immunity

See all updates »

One Year Later: Avoiding Unfavorable Risk Weighting of Acquisition, Development, and Construction Loans for Commercial Real Estate Projects

If the number of cranes visible on skylines of metropolitan areas such as Raleigh, Charlotte, and Atlanta are any indication of the resurgence of the commercial real estate (CRE) market for now, the resounding silence of so many…more

Basel III, Commercial Real Estate Market, HVCRE Rule, Project Finance, Real Estate Development

See all updates »

Federal Court Upholds City's Sexually Oriented Business Ordinance

A local adult entertainment club known as “Gentlemen’s Playground” filed a lawsuit in July, 2014 challenging the constitutionality of the City of Rocky Mount’s Sexually Oriented Business Ordinance (“SOBO”). Not only did the club…more

Adult Entertainment, Constitutional Challenges, Local Ordinance, Summary Judgment

See all updates »

What to Do and What to Know Upon Separation: A Lot More Than You May Have Thought

The Marital Home - Separation usually occurs when one party moves out of the marital home with no intent to return to the marriage. When that occurs, the spouse remaining has certain rights and protections, as does the…more

Marital Assets, Primary Residence, Separation

See all updates »

NC Appellate Courts Hold Grandfather Mountain Must Pay Property Tax

In a decision that substantially protects property tax bases for local governments in North Carolina, the North Carolina Supreme Court has declined to review a Court of Appeals decision holding that one of North Carolina’s most…more

Appeals, Commercial Use, Conservation Easements, Historical Landmarks, Property Tax

See all updates »

NC Appellate Courts Hold Grandfather Mountain Must Pay Property Tax

In a decision that substantially protects property tax bases for local governments in North Carolina, the North Carolina Supreme Court has declined to review a Court of Appeals decision holding that one of North Carolina’s most…more

Appeals, Commercial Use, Conservation Easements, Historical Landmarks, Property Tax

See all updates »

EndNotes - September 2016 - News for North Carolina's Hospice and Palliative Care Community

Nondiscrimination Final Rule under the ACA Imposes New Requirements on Hospice Agencies - On May 26, 2016, the United States Department of Health and Human Services (HHS), Office of Civil Rights (OCR), issued the…more

Affordable Care Act, Anti-Discrimination Policies, Business Associates, Final Rules, HIPAA

See all updates »

Protecting an Interest in a Ground Lease – A Lender’s Perspective

Lenders are often asked to provide financing secured by a leasehold interest in land evidenced by a ground lease. A ground lease is an agreement between the fee owner of real estate (the ground lessor or landlord) and its tenant…more

Assignments, Collateral, Contract Terms, Deed of Trust, Ground Leases

See all updates »

DOL Signals That It Will Not Support Obama Era Salary Basis Test

Employers across the country received some good news last week when the U.S. Department of Labor (DOL) filed its Reply Brief in the Texas lawsuit that halted implementation of the $913 per week salary requirement for exempt…more

Bureau of Labor Statistics, DOL, Exempt-Employees, Final Rules, FLSA

See all updates »

Cybersecurity Threats: What Retirement Plan Sponsors and Fiduciaries Need to Know – and Do

What is the Risk? The loss of employee personal information due to a cyber breach is an ever-increasing concern to all employers. After years of work to put into place protocols to comply with HIPAA’s requirements on…more

Benefit Plan Sponsors, Cybersecurity, Data Breach, DOL, ERISA

See all updates »

Lessons from the Equifax Breach

As data breaches go, they don’t get much bigger than this. On Thursday, September 7, credit reporting giant, Equifax, reported that it had suffered a cyber-incident. 143 million consumer records, including names, birth dates,…more

Cloud Storage, Cyber Attacks, Cybersecurity, Data Breach, Equifax

See all updates »

October 1, 2013 Deadline for Notice to Employees of Coverage Options Under the Affordable Care Act

An important deadline under the Affordable Care Act is rapidly approaching. By no later than October 1, 2013, all employers must distribute a notice to all current employees to inform them of certain health coverage options…more

Affordable Care Act, Deadlines, DOL, Employee Benefits, Employer Mandates

See all updates »

U.S. Department of Justice Issues New Guidance on Evaluation of Corporate Compliance Programs

On February 8, 2017, the Fraud Section of the U.S. Department of Justice (DOJ) published new guidance titled “Evaluation of Corporate Compliance Programs” (Compliance Guidance), which can be found at…more

Chief Compliance Officers, DOJ, Fraud, Hospitals, New Guidance

See all updates »

Proposed 2018 SMFP Need Determinations

The State Health Coordinating Council has published the Proposed 2018 State Medical Facilities Plan (“SMFP”), which includes need determinations of interest to a number of different types of providers. All of the proposed need…more

Certificate of Need, Comment Period, Health Care Providers, Healthcare Facilities, Hospitals

See all updates »

Creditor-Friendly Changes to North Carolina’s Accord and Satisfaction Law

A creditor can now reinstate a disputed debt that has been inadvertently discharged. The North Carolina Legislature recently amended its accord and satisfaction law to include creditor-friendly revisions that make it easier…more

Commercial Bankruptcy, Consumer Bankruptcy, Dischargeable Debts, Reinstatement, Uniform Commercial Code (UCC)

See all updates »

Eighteen Counties Will Send Out Revaluation Notices in 2013

Counties in North Carolina are required to revalue real property every eight years; however, some counties chose to do so in shorter intervals. According to the North Carolina Department of Revenue, eighteen counties are set to…more

Administrative Appeals, Administrative Review Board, Property Tax, Revaluation

See all updates »

Starting a Craft Brewery in North Carolina - Steps to Take Before You Sell a Single Bottle of Beer

Before your finely-crafted product can ever be someone’s quiet reward after a long day or before your craft brew can ever take home a Great American Beer Festival® gold medal, you must take certain steps to ensure your business…more

Breweries, Licenses, Wine & Alcohol

See all updates »

Failing to Properly Classify Workers as Employees vs Independent Contractors: Pay Me Now or Pay Me Later - Common Legal Mistakes Made by Small Business Owners

Pay Me Now or Pay Me Later is a series of short tips on common legal mistakes small business owners make. Tip # 5 Properly Classify Workers as Employees versus Independent Contractors…more

Employee Definition, Employer Liability Issues, Independent Contractors, Misclassification, Wage and Hour

See all updates »

CFPB Proposals Would Restrict Use of Arbitration Clauses in Consumer Financial Services Contracts

In May 2016, the federal Consumer Financial Protection Bureau (CFPB) proposed, and requested public comments on, a new rule intended to limit the use of mandatory pre-dispute arbitration clauses in agreements governing a wide…more

CFPB, Class Action Arbitration Waivers, Consumer Contracts, Consumer Lenders, Dodd-Frank

See all updates »

Supreme Court: Fraudulent Conveyance Scheme Renders Debt Nondischargeable in Bankruptcy

On May 16, 2016, the U.S. Supreme Court issued its opinion in Husky International Electronic, Inc. v. Ritz. The opinion is a favorable development for creditors because it expands the types of fraudulent conduct that can prevent…more

Chapter 7, Commercial Bankruptcy, Dischargeable Debts, Fraudulent Conveyance, Husky International Electronics v Ritz

See all updates »

Governmental Employers Take Note: Court of Appeals allows employee’s claim for violation of N.C. constitution to go forward

In Tully v. City of Wilmington, No. COA15-956 (N.C. Ct. App. Aug. 16, 2016), the Court of Appeals held for the first time in North Carolina that a governmental employee had alleged a valid property and liberty interest in…more

Employer Liability Issues, Job Promotions, Policies and Procedures, Public Employees, Sovereign Immunity

See all updates »

Time to Prepare for the End of the Year - Part Three

The year-end is rapidly approaching! To avoid costly penalties from inadvertent errors in the year-end rush, plan sponsors should begin talking with their service providers now about what must be done by year-end. Our first…more

Benefit Plan Sponsors, Disability Benefits, Disability Insurance, ERISA, Year-End Planning

See all updates »

Quality Built Homes Revisited: The Court of Appeals Weighs In On Critical Issues

If you happen to work in local government, are a developer who has worked with a local government, or simply have an interest in the world of municipal water and sewer services, you are no doubt aware of the North Carolina…more

Estoppel, Impact Fees, Municipalities, NC Supreme Court, Public Utility

See all updates »

EEOC Disability Discrimination Suit Against UPS Settled for $2 Million

On August 8, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) issued a press release announcing that its lawsuit against United Parcel Service, Inc. (UPS), alleging disability discrimination claims under the…more

ADA, Disability Discrimination, EEOC, Employer Liability Issues, Enforcement Actions

See all updates »

Time to Prepare for the End of the Year - Part Three

The year-end is rapidly approaching! To avoid costly penalties from inadvertent errors in the year-end rush, plan sponsors should begin talking with their service providers now about what must be done by year-end. Our first…more

Benefit Plan Sponsors, Disability Benefits, Disability Insurance, ERISA, Year-End Planning

See all updates »

The North Carolina Qualified Business Tax Credit Program

Investors and businesses that are seeking to raise capital should be aware of North Carolina’s Qualified Business Tax Credit Program, which provides significant tax benefits to North Carolina taxpayers in connection with their…more

Business Taxes, Equity Securities, Grants, Income Taxes, Private Investment Funds

See all updates »

In-House Loan Modifications In South Carolina Are Not The Unauthorized Practice of Law

The South Carolina Supreme Court recently issued two opinions concerning the unauthorized practice of law in real estate transactions. Under earlier Supreme Court cases, five aspects of a real estate loan or mortgage closing…more

Closing Documents, Equitable Relief, Foreclosure, Loan Modifications, Mortgages

See all updates »

Attention on the Travel Ban - What Could an Employer be Missing?

Checking those Form I-9s (I-9s)! It is a good time to conduct an internal audit of I-9s because inspections and fines have not gone away and a new I-9 edition was published recently. An Administrative Law Judge in the Office of…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Hiring & Firing, I-9

See all updates »

Can I Be Sued for Filing a Time-Barred Claim? Fourth Circuit Weighs In

Whether it’s a conscious decision or an inadvertent mistake, creditors sometimes try to recover on an old claim that is no longer enforceable by law. A debt collection lawsuit filed by a creditor can be dismissed if the lawsuit…more

Bankruptcy Code, Consumer Bankruptcy, Creditors, Debt Collection, FDCPA

See all updates »

The EMV Liability Shift - What’s Next?

Over the past several years, the major credit card networks (VISA and MASTERCARD) have begun the process of converting credit card usage in the United States to the EMV standard. The EMV standard is a method of preventing…more

ATMs, Credit Cards, EMV, MasterCard, Visa Inc

See all updates »

Acosta Confirmed as DOL Secretary

On April 28, 2017, the U.S. Senate voted 60-38 to approve Alex Acosta as the new Secretary of Labor of the U.S. Department of Labor. Secretary Acosta is currently serving as the Dean of the Florida International University…more

Confirmation Proceedings, DOL, Final Rules, FLSA, Minimum Salary

See all updates »

SEC Adopts Rule Disqualifying Bad Actors from Participation in Rule 506 Offerings

In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, which, among other things, required the Securities and Exchange Commission (SEC) to adopt rules that would prohibit the use of the Rule 506…more

Bad Actors, Disqualification, Dodd-Frank, Rule 506 Offerings, SEC

See all updates »

Who's Going Under the Bus? Federal Policy on Individual Responsibility for Corporate Wrongdoing - Corridors January 2016

In a wake-up call to health care corporate officers and managers, Deputy Attorney General Sally Yates earlier this fall announced a new, tougher U.S. Department of Justice policy regarding individual responsibility for corporate…more

Corporate Liability, Corporate Misconduct, Criminal Prosecution, DOJ, Personal Liability

See all updates »

Am I Covered Now!

The cybersecurity breaches rippling through the global economy create enormous costs for the affected businesses and organizations. As a result, many companies are focusing increased attention on obtaining insurance coverage for…more

Business Interruption, Commercial General Liability Policies, Cyber Insurance, Cybersecurity, Data Breach

See all updates »

Vendor Management Risks and Controls

What are the Risks? In an effort to heighten efficiency and cost effectiveness, many financial institutions choose to outsource certain services to third party vendors. While these providers often play a beneficial role,…more

CFPB, Financial Institutions, New Guidance, OCC, Third-Party Relationships

See all updates »

Changes of Note to Lenders From the 2013 Legislative Long Session

During the 2013 legislative session, several new laws were passed which directly affect the banking and financial services industries. While most of these changes are relatively minor, they are certainly worth noting. Below is…more

Fair Housing Act (FHA), Fannie Mae, Interest Rates, Lenders, Mechanics Lien

See all updates »

Lessons from the Equifax Breach

As data breaches go, they don’t get much bigger than this. On Thursday, September 7, credit reporting giant, Equifax, reported that it had suffered a cyber-incident. 143 million consumer records, including names, birth dates,…more

Cloud Storage, Cyber Attacks, Cybersecurity, Data Breach, Equifax

See all updates »

More Beer Please! Proposed House Bill Increases Production Cap for Self-Distribution Limit

Two bills have been proposed in the North Carolina House that, if passed, will have a significant impact on the craft brewing industry. These should be watched closely and supported as they broaden opportunities for the industry…more

Beer, Breweries, New Legislation

See all updates »

Scripts - July 2013

In this issue: - America’s Aging Health Care Workforce Presents Challenges - Using Covenants Not to Compete in the Health Care industry - Bring Your Own Device Programs and Health Care: Too Risky to…more

Bring Your Own Device (BYOD), Health Care Providers, Healthcare, Medical Devices, Mobile Devices

See all updates »

Hospice Quality Reporting Program Notices of Noncompliance and Reconsideration Requests

The Centers for Medicare and Medicaid Services (CMS) has issued notification letters to hospice providers that are not in compliance with the Hospice Quality Reporting Program requirements. According to CMS, all noncompliance…more

Chief Compliance Officers, CMS, HIPAA, Hospice, Notice of Violation

See all updates »

New Electronic System for DMCA Safe Harbor Agent

If your company hosts or operates an interactive website that allows users to post or upload materials, you need to have a Digital Millennium Copyright Act (DMCA) policy. A DMCA policy gives copyright owners the opportunity to…more

Copyright Infringement, Designated Agent, DMCA, Safe Harbors, Takedown Notices

See all updates »

HMDA Changes - The Final Rule and Fair Lending

The Home Mortgage Disclosure Act (HMDA), passed by Congress in 1975, requires the collection, recording, reporting and public disclosure of residential mortgage lending activity. The traditional focus of HMDA compliance has…more

CFPB, Data Collection, Disparate Treatment, Fair Lending, Final Rules

See all updates »

Secured Lenders – Stay on Top of the Law or Proceed at Your Own Risk

For years, the typical post-default strategy of secured lenders has been to foreclose the collateral through the power-of-sale contained in the deed of trust, credit the foreclosure proceeds to the outstanding loan balance, and…more

Banking Sector, Collateral, Commercial Loans, Deed of Trust, Default

See all updates »

NLRB Takes Aim (Again) at Non-Unionized Employee Handbook

This month, NLRB Judge Robert A. Ringler struck down numerous policies (17 in total) in a non-unionized employee handbook, concluding that those policies all violated Sections 7 and/or 8 of the National Labor Relations Act. We…more

Audio Recording, Confidential Information, Employee Handbooks, NLRA, NLRB

See all updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.