Author Info for Poyner Spruill LLP

Kim Bayless

Protecting the Rights of Minority Members in North Carolina Limited Liability Companies

Limited liability companies have been in common use in North Carolina for many years. The adoption of our original statute, its amendments, and the 2014 revision (LLC Act) reflected a process of acceptance that has eventually…more

Fiduciary Duty, Limited Liability Company (LLC), Operating Agreements

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Chalk Broughton

Estate Planning with Retirement Accounts Under the New SECURE Act

The SECURE Act has significantly altered the estate planning landscape for qualified retirement accounts, including, but not limited to, Individual Retirement Accounts (“IRAs”), 401(k)s, 403(b)s, 457(b)s, and Roth IRAs…more

401k, Beneficiary Designations, Employee Benefits, Income Taxes, Individual Retirement Account (IRA)

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Ben Buskirk

Look Before You Leap: The Cost of Failing to Preserve Claims When Submitting Monthly Applications for Payment

Subcontractors and contractors with pending construction contract claims, read your monthly application for payment, lien waiver, and change order forms closely before signing. Failure to do so may result in a costly waiver of…more

Breach of Contract, Change Orders, Construction Contracts, Construction Industry, Construction Project

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Brett Carpenter

FTC’s Non-Compete Ban Is On Hold, For Now

Earlier this year, we wrote about the Federal Trade Commission (FTC) enacting a final rule to ban most all forms of non-compete agreements between employers and employees in the United States (available here). The ban was set…more

Competition, Contract Terms, Employer Liability Issues, Employment Contract, Federal Labor Laws

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Dylan Castellino

Torres v. Madrid (New Excessive Force Opinion from SCOTUS)

In a 5-3 decision authored by Chief Justice Roberts, the U.S. Supreme Court ruled in Torres v. Madrid that a woman who was shot while fleeing from police officers was “seized,” even though she remained at large. …more

Damages, Excessive Force, Fourth Amendment, Law Enforcement, Police

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Manuel Colón

Exploring Estate Tax Deferral

The passing of a loved one is always a challenging time and navigating the financial implications of administering his or her estate can add yet another layer of complexity to an already emotional experience. Estate Taxes, in…more

Beneficiaries, Estate Planning, Estate Tax, Estate-Tax Exemption, Tax Code

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Brian F. Corbett

Finally Some HVCRE Relief

In addition to making the widely reported, headline-grabbing consumer and institutional Dodd-Frank rollbacks, Senate Bill 2155 (the Act) also provides much needed relief for the Commercial Real Estate industry. Included within…more

Banking Sector, Dodd-Frank, HVCRE, Proposed Legislation

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Adia Craig

Fourth Circuit Affirms Termination of Employee for Alleged Lawful THC Consumption

North Carolina employees are increasingly testing positive for illegal marijuana use while contending that they were only using legal hemp-derived products sold over the counter in this State. Some employees assert that these…more

Cannabidiol (CBD) oil, Cannabis Products, Decriminalization of Marijuana, Drug Testing, Employer Liability Issues

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Charles Davis III

North Carolina Asset and Creditor Protection Planning

A common concern of estate planning and business planning clients is protecting their assets from a future creditor claim. These claims can arise in the operation of a business, the provision of medical or other professional…more

Asset Management, Business Assets, Business Associates, Corporate Counsel, Corporate Finance

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Tom Davis

New Changes to AAA Construction Rules

Many construction contracts, especially on private projects, contain alternative dispute resolution provisions. These provisions often incorporate the Construction Industry Rules and Mediation Procedures of the American…more

American Arbitration Association, Arbitration, Construction Contracts, Construction Disputes, Construction Industry

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Sarah DiFranco

A Primer On The CARES Act

The recently enacted Coronavirus Aid, Relief, and Economic Security Act (CARES Act) seeks to mitigate the economic impact of COVID-19. It seeks to expand on prior legislation. It provides greater assistance to individuals, small…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Paycheck Protection Program (PPP), Relief Measures

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H. Glenn T. Dunn

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

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J.M. Durnovich

The Basics of Arbitration: Q&A

Most businesses are generally familiar with arbitration, but the details of the process can sometimes be a bit murky. Whenever parties engage in arbitration, those unknown details can cause confusion and anxiety for even the…more

American Arbitration Association, Arbitration, Arbitration Agreements, Binding Arbitration, Commercial Contracts

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Christopher Dwight

Section 230 Shields Twitter from Congregational Claims

A federal court has ruled that 47 U.S.C. “Section 230” of the Communications Decency Act shields Twitter from claims it aided and abetted defamation. Brikman v. Twitter, Inc., 2020 WL 5594637 (E.D.N.Y., September 17, 2020)…more

Communications Decency Act, Defamation, Electronic Communications, Free Speech, Social Media

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J. Nicholas Ellis

US Supreme Court Holds Police Officer Shooting was Lawful

The US Supreme Court issued an Opinion April 2, 2018 (Kisela v. Hughes) that a Tucson Police officer was justified in shooting a woman who was holding a knife near her roommate after the woman was reported exhibiting "erratic"…more

Appeals, Constitutional Challenges, Excessive Force, Fourth Amendment, Kisela v Hughes

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Steven Epstein

North Carolina Court of Appeals Addresses eDiscovery Protocols

Hard to believe, but it took until August 29, 2019 for the North Carolina Court of Appeals to tackle the issue of eDiscovery for the very first time. But tackle it the court did…more

Attorney-Client Privilege, Discovery, Discovery Disputes, Electronically Stored Information, Keyword Search

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Drew Erteschik

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

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Chad Essick

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

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Susie Gibbons

[Hybrid Event] Employment & Employee Benefits Seminar - February 7th, Durham, NC

Join us in person or virtually on Wednesday, February 7 for an All-Day Employment and Employee Benefits Seminar. You’ll hear from Poyner Spruill attorneys about trending topics in employment and employee benefits. We aim to…more

Artificial Intelligence, Breastfeeding, Continuing Legal Education, Diversity, Drug Testing

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Bradley Herring

Libor No More

Last summer, the United Kingdom’s Financial Conduct Authority announced it would no longer require LIBOR panel banks to report interbank transactions after 2021, thus ending the interest rate index upon which an estimated $350…more

Financial Conduct Authority (FCA), Libor, UK

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Sam Holder

BREAKING NEWS: Change in Participant Count Methodology for Plan Audit Threshold

We come with breaking news that will be welcomed by many smaller plan sponsors! The DOL has amended the Form 5500 forms and instructions for 2023 and significantly changed how a plan sponsor counts participants for determining…more

Audit Policies, Benefit Plan Sponsors, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Keith Johnson

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

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Samuel Johnson

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

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David Krosner

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

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Grayson LaMontagne

How the Republic Bank Collapse Compares to Other Recent Failures

First Republic vs Republic First: A Comparison - First Republic’s Troubles - First Republic, which had been supervised by the FDIC since 2018 and received largely positive examination ratings throughout, was determined…more

Banking Sector, Banks, Business Development, Business Model, Business Strategies

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Caroline Mackie

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

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Caroline Margolis

Courts Shall No Longer Automatically Defer to Federal Agencies

On June 28, 2024, the U.S. Supreme Court overturned the Chevron doctrine. In overturning forty years of precedent, the Court has shifted power away from federal agencies to judges. The impact of this decision will be felt by all…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

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Kelsey Mayo

BREAKING NEWS: Change in Participant Count Methodology for Plan Audit Threshold

We come with breaking news that will be welcomed by many smaller plan sponsors! The DOL has amended the Form 5500 forms and instructions for 2023 and significantly changed how a plan sponsor counts participants for determining…more

Audit Policies, Benefit Plan Sponsors, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Colin McGrath

A Friendly Reminder of the Consequences of Holdover Tenancies

After a lease expires, but a tenant holds over, what terms and conditions of the lease are still enforceable? The North Carolina Court of Appeals issued an opinion on May 7, 2019 partially answering this question by ruling where…more

Commercial Leases, Commercial Tenants, Contract Terms, Expiration Date, Holdover Occupants

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Emily Meeker

OZ Update - The New Proposed Regulations Are Out - New Guidance on Eligibility for OZ Tax Benefits

Last week, Treasury issued a second round of proposed regulations regarding Opportunity Zones?offering investors more clarity as to whether their investments in designated Opportunity Zones will qualify for current capital gains…more

Capital Gains, Economic Development, New Guidance, Opportunity Zones, Partnerships

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Robert Meyer

Eleventh Circuit Limits Scope of Parental Leave for Birth of Child Under FMLA

The Family and Medical Leave Act provides leave and job protection to eligible employees who need to be absent from work “because of the birth of a son or daughter of the employee and in order to care for such son or daughter.” …more

Corporate Counsel, Employee Benefits, Employer Liability Issues, Employment Litigation, Employment Policies

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Hannah Lassiter Munn

Cafeteria Plan Check-In: Claims Substantiation

A recent memorandum from the IRS Office of Chief Counsel serves as a helpful reminder to check in on cafeteria plan administration and ensure all processes—including claims substantiation for medical expenses and dependent care…more

Cafeteria Plans, Dependent Care, Employee Benefits, Employer Group Health Plans, Health Insurance

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James O'Brien III

Navigating the New World of Name-Image-Likeness for Student-Athletes

On June 21, 2021, the United States Supreme Court unanimously held that NCAA rules prohibiting most types of compensation for student-athletes’ name, image and likeness (NIL) violate federal antitrust laws in the landmark case…more

Alston v NCAA, Antitrust Violations, College Athletes, NCAA, Restraint of Trade

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Thomas Ogburn

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

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Rachel Pender

Department of Education Releases New Title IX Regulations

Today, April 19, 2024, the United States Department of Education (“Department”) released its much-anticipated amendments to the existing Title IX Regulations (“2024 Regulations”). Title IX prohibits discrimination on the basis…more

Colleges, Department of Education, Educational Institutions, Pregnancy Discrimination, Sex Discrimination

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Grace Sykes Pennerat

Department of Education Releases New Title IX Regulations

Today, April 19, 2024, the United States Department of Education (“Department”) released its much-anticipated amendments to the existing Title IX Regulations (“2024 Regulations”). Title IX prohibits discrimination on the basis…more

Colleges, Department of Education, Educational Institutions, Pregnancy Discrimination, Sex Discrimination

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Robin Pipkin

Four Tips to Reduce the Risk of a Tax Audit

For many business owners, tax season can be stressful. These four tips can help you lessen the chances of triggering a tax audit…more

Federal Taxes, Income Taxes, IRS, Tax Audits, Tax Liability

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Christopher H. Roede

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

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Steven A. Rowe

When Buying or Selling Businesses, Don't Forget About Employment and Benefits Issues

Buying and selling the stock or assets of a business is a complicated process. There are always a number of issues to consider. It is critical that proper attention is given to employment and benefits matters…more

Compensation & Benefits, Employee Benefits, Employee Handbooks, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Stephanie Sanders

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, Securities and Exchange Commission (SEC)

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Steven Mansfield Shaber

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, Department of Justice (DOJ), Personal Liability

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William Shenton

Corridors Fall 2018 - News for North Carolina Hospitals

Recent Decision Highlights Potential Personal Liability of Hospital Directors Based on Breach of Fiduciary Duty - In a recent case, a federal bankruptcy court in Michigan reviewed important questions involving breach of…more

Bankruptcy Code, Bankruptcy Court, Board of Directors, Business Judgment Rule, Certificate of Need

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Amanda Sherin

Emergency Video Notarization in North Carolina – Extension to June 30, 2024

In 2020, North Carolina passed a temporary law authorizing Emergency Video Notarization (“EVN”) to alleviate the requirement that notaries be in the physical presence of signers during the COVID-19 pandemic. This law was set to…more

E-Signatures, Electronic Notarization Standard, Governor Cooper, North Carolina, Notarization

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E. Bardin Simmons

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

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Michael Slipsky

Mandatory Contractual Provisions Aren’t Just for Business Associate Agreements—New State Privacy Laws May Necessitate a Closer Look at Your Service-Provider Contracts

Although all fifty states now have data breach notification statutes on the books, a smaller but growing number of states have adopted substantive data privacy laws. The recently passed California Privacy Rights Act (CPRA) has…more

Consumer Privacy Rights, Contract Terms, Data Collection, Data Management, Data Privacy

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Deborah Sperati

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

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Jesse St.Cyr

When Buying or Selling Businesses, Don't Forget About Employment and Benefits Issues

Buying and selling the stock or assets of a business is a complicated process. There are always a number of issues to consider. It is critical that proper attention is given to employment and benefits matters…more

Compensation & Benefits, Employee Benefits, Employee Handbooks, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Eric Stevens

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

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Toni Tardy

Cafeteria Plan Check-In: Claims Substantiation

A recent memorandum from the IRS Office of Chief Counsel serves as a helpful reminder to check in on cafeteria plan administration and ensure all processes—including claims substantiation for medical expenses and dependent care…more

Cafeteria Plans, Dependent Care, Employee Benefits, Employer Group Health Plans, Health Insurance

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Rebecca Williams

Department of Education Releases New Title IX Regulations

Today, April 19, 2024, the United States Department of Education (“Department”) released its much-anticipated amendments to the existing Title IX Regulations (“2024 Regulations”). Title IX prohibits discrimination on the basis…more

Colleges, Department of Education, Educational Institutions, Pregnancy Discrimination, Sex Discrimination

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David L. Woodard

[Hybrid Event] Employment & Employee Benefits Seminar - February 7th, Durham, NC

Join us in person or virtually on Wednesday, February 7 for an All-Day Employment and Employee Benefits Seminar. You’ll hear from Poyner Spruill attorneys about trending topics in employment and employee benefits. We aim to…more

Artificial Intelligence, Breastfeeding, Continuing Legal Education, Diversity, Drug Testing

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Joanne Wu-White

Trends in a “Pray and Delay” Economy

2023 and the start of 2024 presented challenging economic conditions to the market, with debt costs at a historic high. Following a series of increases over the last two years, the Federal Reserve’s federal funds rate is…more

Banking Sector, Bankruptcy Court, Banks, Creditors, Federal Reserve

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