Nexsen Pruet, PLLC

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1230 Main Street
Suite 700
Columbia, South Carolina 29201, United States
Phone: 336-387-5102
Areas Of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Mergers & Acquisitions
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Workers' Compensation
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • North Carolina
  • South Carolina
  • Texas
Number of Attorneys
100+ Attorneys

Navigating the Uncertainties of the ETS: What Employers Should Do Now

As anticipated, OSHA’s November 5, 2021 Emergency Temporary Standard (ETS) has sparked litigation across the nation and created a flurry of legal activity. The United States Court of Appeals for the Fifth Circuit promptly…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Mandates, Health and Safety, Infectious Diseases

See all updates »

Eliminating Kickbacks in Recovery Act (EKRA) Updates

On October 24, 2018, Congress enacted the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act, (the “SUPPORT Act”). Section 1822 of the SUPPORT Act contains the…more

Anti-Kickback Statute, Criminal Prosecution, Eliminating Kickbacks in Recovery Act of 2018 (EKRA), Health Care Providers, Healthcare Fraud

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Federal Agencies Target No-Poach Agreements

Since at least the onset of the COVID-19 pandemic in early 2020, healthcare employers nationwide have endured serious talent acquisition and retention challenges, forcing employers to consider different strategies to maintain a…more

Anti-Competitive, Antitrust Provisions, Antitrust Violations, Competition, Department of Justice (DOJ)

See all updates »

What Happened to Healthcare Regulatory Reform in South Carolina?

As of the end of the legislative session last month, the strong effort to repeal the Certificate of Need Program—CON is the regulatory program by which providers of important healthcare services must first submit an application…more

Health Care Providers, Healthcare Reform, Physicians, Regulatory Reform

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Deferred Compensation Plans: Options and Considerations

Businesses often consider how to reward and retain top talent and incentivize productivity without offering equity, an ownership interest in the business. An executive deferred compensation plan allows an employer to supplement…more

Deferred Compensation, Employee Benefits, Executive Compensation, Retirement Plan, Supplemental Executive Retirement Plans (SERP)

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The America Invents Act, Ten Years After Enactment - Part 1: “First Inventor to File”

Ten years ago, on September 16, 2011, the America Invents Act (“AIA”) became law. This article is the second in a multi-part series of articles on the significant changes introduced by the AIA and the results of those changes…more

America Invents Act, Intellectual Property Protection, Inventions, Inventors, Patent Applications

See all updates »

If You Build It, They May Sue - Floor Plans, Elevations and Copyright Infringement

You see them everywhere — Internet sites, open houses, Parade of Homes, and builders and designers providing copies of architectural works, floor plans, and depictions of home exteriors (sometimes called elevations) on which…more

Copyright, Copyright Infringement, Homeowners

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Statutory Update – New Protections Against Broad Waivers of Lien Rights

Ensuring the language in lien waivers is conditional upon the actual receipt of payment and that the waiver is limited to the extent of payment received have long been the most crucial issues whenever presented with a lien…more

Construction Contracts, Construction Industry, Construction Liens, Construction Project

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Understanding Indemnification Clauses

Introduction - Construction projects are risky. Contracts allocate risks between the parties. Indemnification clauses shift risk from one party to another. Many parties pay little attention to their contracts’…more

Anti-Indemnification Statutes, Construction Contracts, Construction Industry, Construction Project, Indemnification Clauses

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COVID-19 Litigation – The Latest

It might feel like years, but it’s only been about four months since the COVID-19 pandemic was declared a national emergency in the United States. Like with the virus, we’ve watched the COVID-19 litigation landscape evolve…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases, Personal Protective Equipment

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2021: We Thought You Would Never Get Here, and Now that You Are, What Can Employers Expect

Never before have we welcomed a year with quite the hope and exuberance as we welcome 2021. While some good things did happen in 2020, for most employers, 2020 added layers of complexity to the role of human resources that could…more

Biden Administration, Coronavirus/COVID-19, Department of Labor (DOL), ECPA, EEOC

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A Very Unhappy Birthday: Lessons on Employee Anxiety

A Kentucky jury recently awarded Kevin Berling $450,000 for disability discrimination because his employer ignored his request not to celebrate his birthday and subsequently terminated his employment…more

Disability Discrimination, Employer Liability Issues, Employment Litigation, Hiring & Firing

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Important and Time-Sensitive Changes in the APRN Statute Effective July 1

Governor McMaster signed S. 345 (Act No. 234 of 2018) into law on Friday May 18th amending the Nurse Practice Act and expanding the scope of practice for Nurse Practitioners, Certified Nurse Midwives and Clinical Nurse…more

APRNs, Health Care Providers, Nurse Practitioners, Physicians

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North Carolina Receiverships and the new North Carolina Commercial Receivership Act

The North Carolina Commercial Receivership Act went into effect a year ago. The Act, codified in Article 38A of Chapter 1 of the North Carolina General Statutes, was the first substantive update to existing North Carolina…more

Borrowers, Commercial Property Owners, Creditors, Lenders, Receivership

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Commandment #9: Don't Expect Immediate Resolution - Investigations May Last For Years - When the Feds Come Knockin'

Over the last several months, I've shared my thoughts on what I've observed and experienced both as a federal prosecutor, criminal defense attorney and civil litigator in regards to federal, state or local investigations. This…more

Criminal Investigations, Federal Prosecutors, Grand Juries

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Bankruptcy Court Finds No Stay Violation Where Creditor Initially Refused to Return Vehicle to Debtor Who Claimed Equitable Ownership Interest - Discussion of Treatment in SC and NC

From the Bankruptcy Court for the District of South Carolina : In McCall v. Anderson Brothers Bank (In re McCall), Adv. Pro. No. 16-80008-jw (Bankr. D.S.C. 2016), the Honorable John E. Waites held that a creditor did not…more

Bankruptcy Court, Chapter 13, Creditors, Debtors

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Department of Labor Responds to COVID-Related Medical Premium Discounts and Surcharges

Over the past few months, many employers have announced plans to encourage COVID-19 vaccination among their workforce by implementing either medical premium discounts for the vaccinated or surcharges for the unvaccinated. While…more

Affordable Care Act, Coronavirus/COVID-19, Department of Labor (DOL), Health Insurance, Infectious Diseases

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(INFOGRAPHIC) Amalgamation of Interests - or How to Ensure You Wasted Time Setting Up Multiple Project Companies

There is a fairly customary practice in real estate development and construction intended to take advantage of the liability protections afforded by the Uniform Limited Liability Company Act. The practice is very…more

C-Corporation, Choice of Entity, General Contractors, General Partnerships, Limited Liability Company (LLC)

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Can Our Association Do That? FCA Adopts New Rule for Farm Credit Subsidiaries

The Farm Credit Administration has adopted a new final rule governing the ownership and use of unincorporated business entities (UBEs) by Farm Credit System institutions. It applies to investments by System institutions in…more

Collateral, Farm Credit Administration, Subsidiaries

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Insurer Defeats Business Interruption Claim on Property Insurance Policy and Accompanying Bad Faith Claim in Federal Court in North Carolina

A Raleigh jewelry store recently lost its bid to prove coverage, bad faith and punitive damages in a classic case of seemingly strong evidence but actually nothing-burger evidence. In Michael Borovsky Goldsmith, LLC v. Jewelers…more

Bad Faith, Business Interruption, Insurance Industry, Property Damage, Property Insurance

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The new Corporate Transparency Act and its potential impact on North Carolina commercial real estate attorneys

The Corporate Transparency Act of 2019 (“CTA”) was enacted January 1, 2021, as part of the Anti-Money Laundering Act of 2020 (“AMLA”), which is part of the National Defense Authorization Act for Fiscal Year 2021 (“NDAA”). This…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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Main Street Lending Program to Roll Out Shortly

On May 19, 2020 during a Senate hearing Federal Reserve Chairman Jerome Powell announced that Federal Reserve anticipates launching the Main Street Lending Program (the “Program”) near the end of May. As a result, media coverage…more

Coronavirus/COVID-19, Federal Reserve, Main Street Lending Programs, Main Street New Loan Facility, Special Purpose Vehicles

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CMS’ Upcoming COVID-19 Vaccine Mandate: What You Need to Know Now

On September 9, 2021, President Biden announced a new “COVID-19 Action Plan” designed to mitigate the continuing effects of the Delta variant by increasing the number of vaccinated individuals. The plan includes, among other…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Reasonable Accommodation, Vaccinations

See all updates »

The Buzz, A SC Economic Development Video Podcast | Episode 87: EVP of Columbia Chamber of Commerce, Henri Baskins

On episode 87 our host Kara Gormley Meador and Tushar Chikhliker are joined by Henri Baskins, Executive Vice President of the Columbia Chamber of Commerce. Henri leads the Minority Business Accelerator program in Columbia, SC…more

Economic Development, Minority-Owned Businesses

See all updates »

Just A Helping Hand? The Potential Pitfalls of Hiring Unpaid Summer Interns

Warm weather and summer are approaching, and so too is the end of the school year. As a result, many businesses may now or soon be considering bringing on a summer intern. Students in various industries and stages of education…more

Department of Labor (DOL), Employer Liability Issues, FLSA, Internships, Unpaid Interns

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Gig Worker-Friendly Independent Contractor Test Withdrawn by Department of Labor

Effective May 6, 2021, the U.S. Department of Labor (DOL) withdrew the agency’s Trump-era rule that for the first time established a test for independent contractor status in a federal regulation. The Trump rule was published…more

Department of Labor (DOL), FLSA, Gig Economy, Independent Contractors, Misclassification

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GA District Court’s Federal Contractor Vaccine Mandate Injunction Upheld by Eleventh Circuit

On December 7, 2021, the United States District Court for the Southern District of Georgia issued a preliminary nationwide injunction enjoining the enforcement of Executive Order 14042’s federal contractor vaccine mandate. The…more

Coronavirus/COVID-19, Employer Mandates, Federal Contractors, Infectious Diseases, OSHA

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"Governor McCrory Announces Appointments to Coal Ash Management Commission"

On Tuesday, Governor Pat McCrory's office announced the formation of the Coal Ash Management Commission, including Nexsen Pruet attorney Larry Cobb…more

Coal, Coal Ash, Environmental Policies

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2018 South Carolina General Election Results

The 2018 midterm elections brought large crowds to polling locations across the State where over 54% of the electorate cast their ballots for candidates in various statewide, Congressional, and local races. Governor Henry…more

General Elections, Political Candidates

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Spring Fashion Season: The Time is Ripe for Rip-Offs and the Industry Still Awaits a Remedy

It’s March, and in Charleston thoughts turn to longer days, spring break and, relatively recently, fashion. The tents go up in Marion Square mid-month for fashion fans to enjoy a week of shows featuring new designs and clothes…more

Copyright, Fashion Industry, Pleadings, Proposed Legislation

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Maintenance Best Practices and Investigations

The recent collapse of the Champlain Towers building is an unimaginable tragedy and likely the quintessential worst nightmare for all involved in the construction industry. Over time, there likely will be questions about the…more

Best Practices, Construction Contracts, Construction Industry, Construction Project

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Standards for Section 501(c)(3) Status of Limited Liability Companies

The Internal Revenue Service (IRS) issued Notice 2021-56 - Standards for Section 501(c)(3) Status of Limited Liability Companies as its first attempt to set the standards for a limited liability company (LLC) to become a…more

501(c)(3), Internal Revenue Code (IRC), IRS, Limited Liability Company (LLC), Tax Exempt Entities

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Creditors Rights Suffers a Major Depression in North Carolina

So, What can a Lender Count on from a Guarantor? - In 1933, the North Carolina legislature in reaction to the Great Depression enacted certain defenses against alleged abuses by lenders exercising remedies under mortgages…more

Anti-Deficiency Provisions, Creditors, Foreclosure, Guarantors, Lenders

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Colorado Privacy Act

Colorado Governor Jared Polis signed the Colorado Privacy Act (CPA) into law on July 7, 2021, making Colorado the third state – California and Virginia being the other two – to enact comprehensive privacy legislation. There is…more

Cybersecurity, Data Collection, Data Privacy, Data Protection, Data Security

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Leading Through Pandemic Challenge

In recent conversations with business leaders navigating unprecedented change and uncertainty, the following four themes have emerged as helpful principles for leading through highly challenging times…more

Coronavirus/COVID-19, Corporate Governance, Infectious Diseases

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How "Highest and Best Use" Can Substantially Impact Just Compensation for Landowners

The taking of private property for public use is referred to as condemnation or eminent domain. While federal, state, and municipal governments may unilaterally take private property for public use, landowners are…more

Condemnation, Fifth Amendment, Just Compensation, Private Property, Takings Clause

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Comparative Negligence and Crashworthiness Collide at the South Carolina Supreme Court

The South Carolina Supreme Court recently held that the comparative negligence of a plaintiff, in causing a vehicular collision, is not a defense to product liability crashworthiness claims brought under the theories of strict…more

Car Accident, Comparative Negligence, Design Defects, Implied Warranties, SC Supreme Court

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Employers should be aware of shifts in how arbitration agreements can be presented to employees

Arbitration agreements, which aim to keep legal disputes between employees and employers out of the courts, are becoming more common. However, recent developments have led to significant shifts in how and where enforceable…more

Arbitration, Arbitration Agreements, Employee Handbooks, Employer Liability Issues, Employment Litigation

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[Webinar] Corporate Issues Affecting Life Sciences Companies - March 31st, 11:00 am - 11:45 am EST

Nexsen Pruet is starting a webinar series focusing on Life Sciences companies in the Carolinas. These webinars will focus on various legal and regulatory issues that Life Sciences companies deal with on a daily basis. They are…more

Corporate Liability, Health Care Providers, Life Sciences, Pharmaceutical Industry, Physicians

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COVID-19 Impact on Alcohol Sales in South Carolina

March 23 Update:On March 21, 2020, South Carolina Governor Henry McMaster issued Executive Order 2020-12, allowing curbside pickup of beer and wine in sealed containers. This does not authorize or apply to open containers,…more

Coronavirus/COVID-19, Infectious Diseases, Public Health, State and Local Government, Wine & Alcohol

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Legislative Update June 2021 #2

For the first time since the May 13 crossover date, the General Assembly returned to a normal pace, with the Senate holding votes Tuesday through Thursday and the House of Representatives holding votes Wednesday and Thursday…more

Coronavirus/COVID-19, Department of Environmental Quality, General Assembly, Governor Cooper, Paycheck Protection Program (PPP)

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Mandatory Unionization at Large Federally-Funded Construction Projects

The federal infrastructure law devotes billions of dollars to construction sites and other projects. When the law was initially proposed, there was skepticism and concern that the huge federal investment would come with…more

Construction Industry, Construction Project, Federal Contractors, Project Labor Agreements, Unions

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Legislative Update June 2021 #2

For the first time since the May 13 crossover date, the General Assembly returned to a normal pace, with the Senate holding votes Tuesday through Thursday and the House of Representatives holding votes Wednesday and Thursday…more

Coronavirus/COVID-19, Department of Environmental Quality, General Assembly, Governor Cooper, Paycheck Protection Program (PPP)

See all updates »

Fourth Circuit Ruling Finds Employee is not a “Qualified Individual” under ADA when Employee Fails to Comply with Valid Safety Requirement

On December 9, 2020, the U.S. Court of Appeals for the Fourth Circuit found that a former employee did not meet the definition of a “qualified individual” to afford protection under the Americans with Disabilities Act (ADA)…more

ADA, Disability Discrimination, Employer Liability Issues, Reasonable Accommodation, Workplace Safety

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It’s the Most Wonderful Time of the Year to Contemplate Religious Accommodations under Title VII

With the holidays fast approaching, many employers are due for a refresh on how and when to provide religious accommodations to their employees. Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination on…more

Civil Rights Act, Employer Liability Issues, Religious Accommodation, Religious Discrimination, Title VII

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Changes Coming for Employers Seeking to Enforce Arbitration Clauses Covering Sexual Assault and Harassment Claims

On Feb. 10, 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. This bipartisan measure, which President Biden is expected to sign into law, amends the Federal Arbitration Act…more

Arbitration, Employer Liability Issues, Federal Arbitration Act, Mandatory Arbitration Clauses, Sexual Assault

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In 2021, More States and More Mandates for E-Verify

E-Verify is an electronic employment verification program through which employers may confirm the work eligibility of their employees to work in the United States. Although E-Verify started as a voluntary program, except for…more

E-Verify, Employer Liability Issues, Employment Eligibility Verification, Foreign Workers, Form I-9

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State Abortion Laws v. EMTALA: Navigating Between a Rock and a Hard Place

The Centers for Medicare & Medicaid Services (“CMS”) issued updated guidance on July 11, 2022, reinforcing the federal Emergency Medical Treatment and Labor Act (“EMTALA”) obligations specific to patients who come to a hospital…more

Abortion, Centers for Medicare & Medicaid Services (CMS), EMTALA, Health Care Providers, Hospitals

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A Win for Plaintiffs in Recent NC Ag-Gag Ruling

Much of a 2015 North Carolina law that was meant to stop activists from posing as farm workers in order to gain access to footage and information about conditions on farms has been deemed unconstitutional on Friday, June 12,…more

Agricultural Sector, Animal Health, Farm Animals, Farms, First Amendment

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South Carolina Abandoned Building Incentives at Risk of Going Away

Mark Harmon, Nexsen Pruet Government Affairs Advisor, discusses upswings and downswings in the economy and how those downswings often result in the departure or closure of businesses, and subsequently, the abandonment of…more

Abandoned Property, Business Closures, Commercial Property Owners, Commercial Real Estate Market, Economic Downturn

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State Abortion Laws v. EMTALA: Navigating Between a Rock and a Hard Place

The Centers for Medicare & Medicaid Services (“CMS”) issued updated guidance on July 11, 2022, reinforcing the federal Emergency Medical Treatment and Labor Act (“EMTALA”) obligations specific to patients who come to a hospital…more

Abortion, Centers for Medicare & Medicaid Services (CMS), EMTALA, Health Care Providers, Hospitals

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Employers Can Still Say “No Carry” Under South Carolina’s New “Open Carry” Law

On August 15, 2021, South Carolina’s new “Open Carry With Training Act” took effect. Under the new “Open Carry” law, individuals who possess a South Carolina concealable weapon permit (“CWP”) can carry a concealable weapon…more

Concealed Weapons, Employment Policies, Gun Laws, Gun Permits

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HIGH ALERT FOR TELEHEALTH:OIG Releases Special Fraud Alert

On July 20, 2022, the Department of Health and Human Services Office of Inspector General (OIG) released a Special Fraud Alert addressing problematic arrangements observed to date following dozens of fraud investigations…more

Enforcement Actions, Health Care Providers, Healthcare Fraud, OIG, Telehealth

See all updates »

Interested in a Crop-Share Lease?

How to be sure it is fair for the landowner and tenant - A cash land lease is a simple method of permitting one party to farm lands owned by another party. The tenant pays rent to the landowner, farms the land, and receives…more

Commercial Leases, Crops, Farms, Landlords, Tenants

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Taking the Pulse, A Health Care & Life Sciences Video Podcast | Episode 108: Dr. Donen Davis with Donen Davis Plastic Surgery

Cosmetic procedures are on the rise across the nation, and there are a number of factors that could be contributing to that. We're joined by Dr. Donen Davis, a Board Certified Plastic Surgeon based in Columbia, SC, to break down…more

Cosmetic Surgery, Health Care Providers, Physicians

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Deadlines Extended – IRS Provides Relief to Qualified Opportunity Funds and its Investors

On June 4, 2020 the IRS released Notice 2020-39 (the Notice) providing relief to Qualified Opportunity Funds (QOFs) and their investors in response to COVID-19. The Notice provides that the 180-day investment period for…more

Investment Funds, Investors, IRS, Opportunity Zones, Popular

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The America Invents Act, Ten Years After Enactment - Part 1: “First Inventor to File”

Ten years ago, on September 16, 2011, the America Invents Act (“AIA”) became law. This article is the second in a multi-part series of articles on the significant changes introduced by the AIA and the results of those changes…more

America Invents Act, Intellectual Property Protection, Inventions, Inventors, Patent Applications

See all updates »

Adverse Event Response: Three Possible Courses of Action Against Regulated Professionals

The recent criminal prosecution of nurse RaDonda Vaught in the State of Tennessee for a medication error has renewed questions about what actions can be taken against a regulated professional when an unexpected outcome occurs…more

Criminal Prosecution, Enforcement Actions, Health Care Providers, Nurses

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Pre-Litigation Investigations and Liquidated Damages

Earlier this month, the Department of Labor (DOL) announced that it will return to its practice of pursuing liquidated damages in connection with pre-litigation investigations and settlements of wage and hour claims. This new…more

Department of Labor (DOL), FLSA, Liquidated Damages, Wage and Hour

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South Carolina Politics: Four Things to Watch in 2020

The once every decade is the biggest of big deals. This accounting of the U.S. population sets the stage for everything from federal funding, to congressional districting, or to whether an area will get a new post office…more

Political Candidates, Primary Elections, State and Local Government, State Elections

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Talc Litigation: The Big Picture

In 2015 and 2016, juries awarded $13 million in a talc case in California, and $72 million and $55 million in talc cases tried in Missouri. The California plaintiff argued that she used talcum powder which contained…more

Asbestos, Burden of Proof, Cancer, Causation, Cosmetics

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North and South Carolina Coronavirus Litigation - UPDATED April 7, 2020

UPDATED APRIL 7, 2020, in light of Governor McMaster’s “Home or Work” Order and the Supreme Court of South Carolina’s Order “Re: Operation of the Trial Courts During the Coronavirus Emergency.” In response to the novel…more

Coronavirus/COVID-19, Crisis Management, Eviction, Infectious Diseases, Relief Measures

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From Face-to-Face to FaceTime: Legal Issues in Virtual Interviewing

Due to the global pandemic, employers have begun recruiting new employees virtually, which has resulted in online video exchanges replacing the face-to-face interviewing experience. In June 2021, Forbes reported that in a survey…more

Coronavirus/COVID-19, Hiring & Firing, Interviews, Job Applicants, Virtual Meetings

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COVID-19 Silver Linings for Economic Development

As we move toward brighter days ahead, what economic development opportunities await? Two come to my mind most: one is strategic and statewide in scale; the other is more tactical, playing out at the company level…more

Coronavirus/COVID-19, Economic Development, Manufacturers

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Court of Appeals Upends Agricultural Permitting in South Carolina

The South Carolina Court of Appeals on Wednesday ruled that state regulator’s issuance of “no-discharge” permits for agricultural animal facilities under agriculture-specific regulations could not substitute for a “no potential…more

Agricultural Sector, Farm Animals, NPDES, Waste Disposal

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HIGH ALERT FOR TELEHEALTH:OIG Releases Special Fraud Alert

On July 20, 2022, the Department of Health and Human Services Office of Inspector General (OIG) released a Special Fraud Alert addressing problematic arrangements observed to date following dozens of fraud investigations…more

Enforcement Actions, Health Care Providers, Healthcare Fraud, OIG, Telehealth

See all updates »

South Carolina Court Decides Key Health Care Case - Physical therapists win in employment lawsuit

The South Carolina Supreme Court has decided a case with great significance in the health care industry. The court overturned a ban on physicians employing physical therapists and gave guidance regarding how state agencies make…more

Bad Faith, Conflicts of Interest, Due Process, Equal Protection, Health Care Providers

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What Lawyers and Public Relations Pros Can Learn from Each Other

In July, I wrote about the natural conflict between legal and public relations. Legal wants to win a case or obtain a permit while limiting the liability of the client. In other words, protect and achieve whatever specific…more

Public Relations, Young Lawyers

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New Treasury Proposed Regulations: Bad for family farms

In transferring the ownership of family farms to the next generation, it is common to take advantage of certain valuation discounts in making transfers. The Department of Treasury recently released proposed regulations under…more

Family Businesses, Farms, Gifts, Inheritance, IRC Section 2704

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Employers are Subject to Criminal Antitrust Charges for Wage-Fixing and No-Poaching Agreements

On January 19, 2018, the Assistant Attorney General for Antitrust, Makan Delrahim, announced that in the coming months the Department of Justice (DOJ) expects to bring its first criminal antitrust charges involving agreements…more

Antitrust Violations, Department of Justice (DOJ), FTC, Hiring & Firing, Human Resources Professionals

See all updates »

Document Policies 101

Construction industry players are deluged with documents. Aside from the essential contract documents, there are record documents, critical communications, billing records, testing and inspection records, progress reports and…more

Construction Contracts, Construction Industry, Contractors, Documentation

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The Apprentice and The President’s NDA: Lessons for Protecting Confidentiality

A New York Arbitrator’s recent decision invalidating the non-disclosure agreement (“NDA”) signed by former Apprentice star turned White House advisor Omarosa Manigault Newman (“Omarosa”) is a cautionary tale for employers who…more

Arbitration, Breach of Contract, Confidential Information, Corporate Counsel, Non-Disclosure Agreement

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The America Invents Act, Ten Years After Enactment - Part 1: “First Inventor to File”

Ten years ago, on September 16, 2011, the America Invents Act (“AIA”) became law. This article is the second in a multi-part series of articles on the significant changes introduced by the AIA and the results of those changes…more

America Invents Act, Intellectual Property Protection, Inventions, Inventors, Patent Applications

See all updates »

April 2021 Fourth Circuit Tort & Insruance Cases of Interest

Periodically, Nexsen Pruet member Marc Manos, Chair-Elect of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the areas of tort &…more

Defamation, Indemnification, Insurance Claims, Insurance Industry, Insurance Litigation

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Health Care Price Transparency Update – New Rules and Recent Enforcement

Enforcement of the Transparency in Coverage Final Rule’s (Coverage Rule) cost disclosure requirement for health plans and health insurance issuers will begin effective July 1, 2022. The Coverage Rule was issued in January 2022,…more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Hospitals, Price Transparency

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Update – OSHA’s COVID-19 Guidance for the Construction Workforce

As we have all witnessed, the COVID-19 situation remains incredibly fluid and presents unique challenges to the construction industry, which is an essential business in the Carolinas. On April 21, 2020, OSHA issued an alert…more

Construction Industry, Construction Workers, Coronavirus/COVID-19, OSHA, Workplace Safety

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The Buzz, An Economic Development Podcast | Episode 84: Tony Toups and Darian Harris, Advantage Capital

This week Kara Gormley Meador and Burnie Maybank, co-host of The Buzz, discuss investing in rural areas with Tony Toups, principal and member of senior management at Advantage Capital and Darian Harris, an associate on Advantage…more

Economic Development, Rural Areas, Rural Development

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Is a Form 1099-C Always Required When Settling Disputed Debts?

The potential tax consequences to a debtor and tax reporting obligations of a creditor can become a contentious issue when settling disputed debts, although the issue often arises as an afterthought once the primary settlement…more

1099s, Creditors, Debtors, Internal Revenue Code (IRC), IRS

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The Buzz, A SC Economic Development Video Podcast | Episode 87: EVP of Columbia Chamber of Commerce, Henri Baskins

On episode 87 our host Kara Gormley Meador and Tushar Chikhliker are joined by Henri Baskins, Executive Vice President of the Columbia Chamber of Commerce. Henri leads the Minority Business Accelerator program in Columbia, SC…more

Economic Development, Minority-Owned Businesses

See all updates »

Federal Agencies Target No-Poach Agreements

Since at least the onset of the COVID-19 pandemic in early 2020, healthcare employers nationwide have endured serious talent acquisition and retention challenges, forcing employers to consider different strategies to maintain a…more

Anti-Competitive, Antitrust Provisions, Antitrust Violations, Competition, Department of Justice (DOJ)

See all updates »

Are You Ready if Cupid Strikes at Your Company?

If romantic comedies have taught us anything, it’s that romance can blossom in the workplace, especially when colleagues spend a significant amount of time together. But the movies conspicuously omit the significant risks that…more

Anti-Harassment Policies, Employer Liability Issues, Employment Policies, Love Contracts, Sexual Harassment

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COVID-19 Fraud and Law Enforcement

Even in the midst of a global pandemic, some individuals and businesses have used the Coronavirus (COVID-19) crisis to take advantage of others. In response to reports of rampant fraud related to the pandemic, on March 16, 2020,…more

CARES Act, Coronavirus/COVID-19, DCIS, Department of Health and Human Services (HHS), Department of Justice (DOJ)

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The “Beer” Necessities of Alcohol Labeling in North Carolina

All advertising of alcoholic beverages in North Carolina must comply with the Alcoholic Beverage Control (“ABC”) Commission’s rules and the Commission has the authority to regulate alcohol advertisements that are “contrary to…more

Alcohol Beverage Control, Beer, Beverage Manufacturers, Labeling, Product Labels

See all updates »

New North Carolina Commercial Receivership Act

Receiverships are a flexible, court-supervised tool that can help troubled companies and individuals with business debts avoid a lengthy bankruptcy proceedings. A receiver acts much like a bankruptcy trustee by assuming…more

Automatic Stay, Commercial Bankruptcy, Creditors, Debtors, Receivership

See all updates »

2019 Flood Insurance Update

In February 2019, the Office of the Comptroller of the Currency, the board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Farm Credit Administration, and the National Credit Union…more

Flood Insurance, Flooding, Insurance Industry, National Flood Insurance Program, Natural Disasters

See all updates »

North Carolina Senate Passes Medical Cannabis Bill

On Monday, June 6, 2022, the North Carolina Senate voted on third reading to pass a bill that would allow medical cannabis use in the state. Senate Bill 711 received bipartisan support and passed by a vote of 36-7…more

Marijuana, Medical Marijuana, Physicians, State and Local Government

See all updates »

EEOC Update: Avoiding Discrimination against Employees with Pandemic-Related Caregiving Obligations

Even as the response to the COVID-19 pandemic seems to ease, we all know that new and different pandemic-related caregiver responsibilities continue in various forms. Employers still struggle with issues related to employees’…more

ADA, Caregivers, Civil Rights Act, EEOC, Employer Liability Issues

See all updates »

Is a Contractor’s License and Building Permit Required to Install Industrial Manufacturing Equipment?

National and international manufacturing companies continue to open new manufacturing facilities, and expand their existing facilities, in North Carolina and South Carolina. This gives rise to the issue of whether the…more

Construction Contracts, Construction Industry, Construction Project, Contractors

See all updates »

Moratoriums Now in Place and New Requirements Imposed Restricting Options for Landlords When Tenants Fail to Pay Amounts Due Under Leases

On Saturday, May 30, 2020, North Carolina Governor Roy Cooper issued Executive Order No. 142 and North Carolina Supreme Court Chief Justice Cheri Beasley issued Emergency Directives 17, 18, and 19. Professionals in the North…more

Coronavirus/COVID-19, Eviction, Landlords, Leases, Moratorium

See all updates »

For-Profit Economic Development Corporations

The above title is not a misprint! Every economic development professional is quite familiar with the utilization of non-profit economic development corporations as a tool in economic development efforts. In North Carolina…more

Economic Development, Exemptions, For-Profit Corporations, Investors

See all updates »

Revamped Enforcement Policies and Priorities at the CFPB

During the past year, we were often reminded by people from all sides of the political spectrum that “elections have consequences.” This is particularly true for financial institutions as the Consumer Financial Protection Bureau…more

Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Financial Institutions, Financial Services Industry

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The CARES Act’s Paycheck Protection Program Expands the SBA 7(a) Loan Program

For the many small and mid-size businesses impacted by the coronavirus pandemic, the recent CARES Act and other legislation adopted in earlier March 2020 offers businesses various resources for support to sustain business…more

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

See all updates »

COVID-19 IN NORTH CAROLINA: Winning the Breach of Contract Fight over Force Majeure, Impossibility and Frustration of Purpose

As the Covid-19 pandemic continues in North Carolina, contracts – whether they are real estate, construction or other commercial contracts – are all at risk of non-performance by one of the parties. Inevitably, non-performance…more

Breach of Contract, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Nonperformance

See all updates »

Tax Refunds in South Carolina? Don’t Plan On (Much, If Any) Interest.

One little known fact in South Carolina business and politics is that every year the South Carolina General Assembly uses a budget proviso to deny taxpayers interest that should be paid on tax refunds. Instead, the interest that…more

Department of Revenue, Interest Rates, State Budgets, Tax Refunds

See all updates »

Mitigating the Effect of Construction Price Escalations

Over the past year, the volatility of construction material prices has wreaked havoc on construction budgets and caused many disputes between owners, general contractors, subcontractors, and material suppliers. For example,…more

Construction Industry, Construction Project, Contractors, Federal Acquisition Regulations (FAR), Subcontractors

See all updates »

NC Legislative Update: April 15, 2019

The House continued to introduce new legislation this week in anticipation of their April 23rd bill filing deadline. Since the Senate’s bill filing deadline passed, they have focused on moving legislation though committee. The…more

Appeals, Electric Vehicles, Health Care Providers, Helmet Laws, Legislative Agendas

See all updates »

Taking the Pulse, A Health Care & Life Sciences Video Podcast | Episode 108: Dr. Donen Davis with Donen Davis Plastic Surgery

Cosmetic procedures are on the rise across the nation, and there are a number of factors that could be contributing to that. We're joined by Dr. Donen Davis, a Board Certified Plastic Surgeon based in Columbia, SC, to break down…more

Cosmetic Surgery, Health Care Providers, Physicians

See all updates »

8 Reasons Why Your Business Needs a Trademark

As a social media and trademark attorney, I often get asked this question: Do I need a trademark for my business name and/or my specific products or services? And, the typical legal answer still applies – it depends!…more

Intellectual Property Protection, Trademark Registration, Trademarks, USPTO

See all updates »

Continuing and Updated Guidance Regarding Forced Labor in Xinjiang, China And The Uyghur Forced Labor Prevention Act of 2021

PUBLIC COMMENT PERIOD NOW OPEN - Updates: As previously reported in earlier client alerts, the United States has long prohibited the importation of goods made through forced labor. With respect to China, a bipartisan…more

Customs and Border Protection, Forced Labor, Human Rights, Importers, Imports

See all updates »

Navigating Post-Leave Inquiries and Medical Examinations Under the Americans with Disabilities Act

As sticky wickets go, one of the messiest and most complicated laws employers must contend with in navigating their relationship with employees is the Americans with Disabilities Act (“ADA”). The employer’s need to obtain…more

ADA, Employer Liability Issues, Medical Examinations, Workplace Safety

See all updates »

South Carolina Senate Passes Medical Cannabis Legislation

On Thursday, February 10, 2022, the South Carolina Senate voted to pass the South Carolina Compassionate Care Act (S. 150) on third reading, which would allow for certain forms of medical cannabis in the state for the first…more

Marijuana, Medical Marijuana, Proposed Legislation, State and Local Government

See all updates »

Department of Labor Responds to COVID-Related Medical Premium Discounts and Surcharges

Over the past few months, many employers have announced plans to encourage COVID-19 vaccination among their workforce by implementing either medical premium discounts for the vaccinated or surcharges for the unvaccinated. While…more

Affordable Care Act, Coronavirus/COVID-19, Department of Labor (DOL), Health Insurance, Infectious Diseases

See all updates »

SC and NC Department of Revenue Responses to COVID-19

Since it was first reported to the World Health Organization on December 31, 2019, the novel Coronavirus has and continues to wreak havoc on a global scale unseen in our lifetime. The COVID-19 pandemic has decimated global…more

Coronavirus/COVID-19, Department of Revenue, Governor McMaster, Income Taxes, State and Local Government

See all updates »

Contract Considerations in Dealing with Foreign Entities

On December 14, Nexsen Pruet attorneys Peter Santos, Christy Myatt, and David Garrett led a presentation to members of the Association of Corporate Counsel Research Triangle Area. The team explored how more than 10,000…more

Arbitration, Contracts for the International Sale of Goods (CISG), Dispute Resolution, Export Controls, FCPA

See all updates »

Federal Contractor Vaccination Mandate and Change Orders – Watch Out!

President Biden’s September 9, 2021 Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, generally requires that all employees of federal contractors and subcontractors of any tier working…more

Biden Administration, Coronavirus/COVID-19, Executive Orders, Federal Acquisition Regulations (FAR), Federal Contractors

See all updates »

U.S. Counsel Required for Foreign Applicants in Trademark Matters

While it has been almost two years since the United States Patent and Trademark Office (USPTO) changed its Rules of Practice to require representation by U.S. counsel, foreign applicants continue to file trademark applications…more

Foreign Trademark, Intellectual Property Protection, Legal Representatives, Trademark Application, Trademark Registration

See all updates »

South Carolina Adopts Uniform Power of Attorney

On January 1, 2017, the South Carolina Uniform Power of Attorney Act (the “Act”, codified as S.C. Code Ann. 62-8-101 through 62-8-403) replaced the South Carolina Code’s former power of attorney provisions located in Sections…more

Power of Attorney

See all updates »

Public Policy Alert: Pre-filed legislation to amend South Carolina permitting law in certain coastal areas

The South Carolina Senate and House have concluded pre-filing for the 2014 Legislative Session. S.890 deals with beachfront management, so we called on Mary Shahid from our Charleston office for review. Mary co-authored…more

Coastal Real Estate, Land Developers, Permits, Proposed Legislation

See all updates »

Facing property revaluation? Here’s what you need to know.

Twenty-six counties will conduct revaluations of all real estate in January 2019 and property owners — including businesses, nonprofit organizations and individuals — should pay close attention…more

Appeals, Appraisal, Nonprofits, Property Owners, Property Tax

See all updates »

COVID-19 in South Carolina: Winning the Breach of Contract Fight Over Force Majeure, Impossibility and Frustration of Purpose

As the novel coronavirus has and continues to wreak havoc on so many lives, so does it affect contracts, whether they be those between landlord and tenant, buyer and seller, or otherwise. As addressed by my esteemed colleague…more

Breach of Contract, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Frustration of a Common Purpose

See all updates »

NC Public Policy Update: 2018 Midterm Election

The 2018 General Election has come and gone, that means no more campaign advertisements for at least a little while, and several new faces in Raleigh for the 2019-2020 North Carolina General Assembly. A total of 3,692,509…more

Constitutional Amendment, General Elections, Political Campaigns, Political Candidates, Public Policy

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When It Comes to Cybersecurity, Passwords are Passé

In the ever-changing landscape of data security, it is increasingly clear that law firms of all sizes, from the one-lawyer shop to the 1,000-lawyer megafirm, are being targeted by hackers. As the methods used to gain access to…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach, Data Privacy

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NC Supreme Court Upholds Corporate Status of North Carolina Railroad for Purposes of State Public Records Act

A great deal of interest has been born in the wake of the North Carolina Business Court’s 2020 conclusion that the North Carolina Railroad Company “NCRR” is not an agency of the state subject to the provisions of the North…more

NC Supreme Court, Public Records, Public Records Act, Railroads, State and Local Government

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Tips to Help Chinese Businesses Navigate the U.S. Litigation Environment

The U.S. litigation environment is very challenging for any business – but is especially challenging for Chinese businesses. Vast differences in legal culture, procedure, and legal remedies can jeopardize the success of Chinese…more

Discovery, Evidence, Foreign Corporations, International Litigation, Litigation Strategies

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Summer 2021: Time to Act to Protect Distressed Accounts Receivable from Bankruptcy Preference Liability

Bankruptcy preference claims are viewed by businesses as an unfair legal tool that debtors and trustees use to take money back, even though the pre-bankruptcy payments from the debtor were for legitimate business debts. By…more

Bankruptcy Preferences, Creditors, Debtors, Preferential Transfers, Trustees

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What Judge Jackson’s Appointment to the U.S. Supreme Court May Mean to Employers and Workplace Cases

As the Senate confirmation hearings for Judge Ketanji Brown Jackson approach, it’s history in the making. But how will the new Justice of the U.S. Supreme Court impact future workplace-related cases?…more

Biden Administration, Nominations, SCOTUS, Supreme Court Justices

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Legislative Update 2013 -- SC Tax Incentives Legislative Update

In This Presentation: - A.Economic Development: 1.Film 2.Port 3.Abandoned Buildings 4.Angel Investors 5.Nascar/Darlington Speedway 6.Unemployment Insurance - B.Practice and…more

Abandoned Property, Angel Investors, Bonds, Economic Development, Movies

See all updates »

Letters and Notices from the IRS are Coming – What You Need to Know

Given the recent expiration of the IRS’s People First Initiative on July 15, the return of IRS employees to offices and service centers, and this news release reminding taxpayers that collection activities would start resuming…more

Income Taxes, Internal Revenue Code (IRC), IRS, Popular, Tax Levy

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Does State Enforcement Action Really Protect a Regulated Entity from Citizen Suit Liability? Fourth Circuit Decision Casts Doubt.

A frequently noted adage in cases involving environmental citizen suits is that such actions are meant to “supplement, rather than supplant” governmental enforcement action. The dissent in the recently filed Naturaland Trust v…more

Clean Water Act, Enforcement Actions, Environmental Violations, Property Owners

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A Very Unhappy Birthday: Lessons on Employee Anxiety

A Kentucky jury recently awarded Kevin Berling $450,000 for disability discrimination because his employer ignored his request not to celebrate his birthday and subsequently terminated his employment…more

Disability Discrimination, Employer Liability Issues, Employment Litigation, Hiring & Firing

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Insurer Must Assume Defense to be Liable for Failure to Settle Under Tyger River Doctrine

Recently, the United States District Court in South Carolina, 2019 WL 689545, dismissed a claim seeking a declaratory judgment that an insurer failed to settle an underlying tort claim. Briefly, plaintiff Church Creek…more

Bad Faith, Declaratory Judgments, Insurance Industry, Liability

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The Post-COVID Office Workplace – The Office is here to Stay

When it comes to office space, some prognosticators sound like REM singing the song “It’s the End of the World as We Know it.” These folks have been predicting the end of the office since the widespread development of Wi-Fi and…more

Coronavirus/COVID-19, Infectious Diseases, Office Space, Remote Working

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New DOJ Policy Will Factor Corporate Compliance Programs into Criminal Antitrust Charging Decisions

Last week Assistant Attorney General for the Antitrust Division Makan Delrahim announced a reversal to longstanding DOJ policy, which will now consider crediting an antitrust violator’s compliance policy in making criminal…more

Antitrust Division, Compliance, Department of Justice (DOJ), New Guidance, Reversal

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New Year, New Changes to North Carolina's Business Annual Report Laws

Businesses and corporate attorneys take note: Effective January 1, 2018, there will be a major change to the Business Annual Report filing requirements in North Carolina…more

Filing Requirements, IRS, Reporting Requirements, Tax Returns

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Taking the Pulse, A Health Care and Life Sciences Podcast | Episode 100: Marguerite Willis, Nexsen Pruet Attorney

For this very special 100th episode of Taking the Pulse, we're joined by Nexsen Pruet attorney Marguerite Willis. Marguerite is a highly experienced litigator, and was featured on the cover of the latest Super Lawyers Magazine…more

Antitrust Violations, Criminal Penalties, Department of Justice (DOJ), Health Care Providers, Hiring & Firing

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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