Nexsen Pruet, PLLC

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1230 Main Street
Suite 700
Columbia, South Carolina 29201, United States
Contact: Jackie Spivey, Business Development/Communications Manager
Phone: 919-573-7437
Areas of Practice
  • Administrative Law
  • Agriculture
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Maritime Law
  • Mergers & Acquisitions
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
See more
Locations
Other U.S. Locations
  • North Carolina
  • South Carolina
Number of Attorneys
100+ Attorneys

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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Internet of Things (IoT) Poses Information Governance Challenges for Organizations - Nextra Solutions

The Internet of Things (“IoT”) seems to impact every aspect of life. IoT generally refers to computing devices embedded in everyday objects that collect data. From thermostats to driver-assisted cars, innumerable devices…more

Best Practices, Cybersecurity, Data Preservation, Data Privacy, Discovery

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Salary (Non)Disclosure Rules Continue to Spread

As we reported recently, the White House announced an immediate stay of new EEO-1 pay data collection requirements that would have required more transparency about compensation based on race and gender. Citing the unnecessary…more

Data Collection, EEO-1, EEOC, Equal Pay, Reporting Requirements

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Webinar to Focus on Preventing Harassment and Discrimination Claims in the Workplace

From Hollywood to Capitol Hill, sexual harassment in the workplace has taken the media – and the country – by storm. While harassment in the workplace is not a new topic, the recent surge of claims has put an intense spotlight…more

Anti-Harassment Policies, Employer Liability Issues, Employment Discrimination, Retaliation, Sexual Harassment

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New North Carolina Sales Tax Provisions for Contracts Related to Real Property

This alert is relevant for contractors who perform construction services on real property in the state of North Carolina. In South Carolina, contractors remain subject to the traditional sales or use tax at the time of all…more

Affidavits, Construction Contracts, Contractors, Real Estate Market, Retailers

See all updates »

The Age Discrimination in Employment Act: Looking Back at the Last Fifty Years

This year marks the 50th anniversary of the Age Discrimination in Employment Act (ADEA), which was signed into law by President Lyndon B. Johnson in 1967. Congress created the legislation in an effort to promote the employment…more

ADEA, Age Discrimination, Burden of Proof, EEOC, Statute of Limitations

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Recent Arrest of Utah Nurse Causes a Necessary, but Unfortunate Policy Change for the Hospital

The Incident - On July 26, 2017, multiple media sources reported a head nurse in a Utah hospital’s burn unit was arrested for refusing to allow the taking of a blood sample by a University of Utah police officer from an…more

Cause of Action Accrual, Fourth Amendment, Hospitals, Implied Consent, Nurses

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Update on The CFPB’s Enforcement Case against Ocwen Financial Corporation

Ocwen Financial Corporation (Ocwen) is one of the country’s largest nonbank mortgage loan servicers, and it has had its hands full the last six months. On April 20, the Consumer Financial Protection Bureau (CFPB) filed an…more

Attorney Generals, CFPB, Enforcement Actions, Escrow Accounts, Mortgage Servicing Rules

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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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(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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Opioid Litigation Over Insurance Coverage – Coming to a Jurisdiction Near You

A very recent appellate ruling in California provides a roadmap for opioid litigation over insurance coverage that is about to ramp up all over country. In Travelers Prop. Cas. Co. of Am. v. Actavis, Inc. et al, 2017 WL 5119167…more

Actavis Inc., Health Insurance, Opioid, Pharmaceutical Industry, Prescription Drugs

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NC Legislative Update - Special Session - August 2017

Last Week - Lawmakers reconvened last Thursday for two sessions in one day. Pursuant to the June 30th adjournment resolution, lawmakers were to reconvene August 3rd at 12:00 noon, in order to address veto overrides,…more

Governor Cooper, Legislative Agendas, Misclassification, Regulatory Reform

See all updates »

Lessons to Learn: High profile scandals turn focus to sexual harassment in the workplace

If ever there were a time of reckoning for sexual harassment, it certainly seems that time has come. Allegations of such harassment have led to career altering consequences for several high-powered figures—Roger Ailes, Bill…more

Sex Discrimination, Sexual Harassment

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Ethics and Advertising: A compilation of North Carolina rules and opinions

This paper is a compilation of the North Carolina State Bar rules and opinions on ethics and advertising. As with all other areas governed by the North Carolina State Bar, rules change and additional opinions are handed…more

Advertising, Ethics, Marketing, Solicitation

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Cost Cutting and Efficiency for 2017 - Tactics revealed for business transactions

Cutting costs and increasing efficiency are likely near the top of your business resolutions for the new year. Reflecting on some 2016 deal closings has revealed tactics for cutting costs and increasing efficiency in closing…more

Business Development, Strategic Planning

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Department of Labor Abandons Appeal of Overtime Rule

On September 5, 2017, the U.S. Department of Labor (DOL) asked a federal appeals court to dismiss its appeal of the court order blocking its controversial 2016 “overtime rule” from taking effect, signaling the DOL’s official…more

Appeals, DOL, FLSA, Minimum Salary, Over-Time

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2017 Legislation Aims to Diminish Developer Control of Homeowner Associations in South Carolina - Pre-Filed South Carolina Legislation Signals Push to Regulate Developers

In 2016, the South Carolina legislature organized a study committee, titled the "South Carolina Committee on Homeowners Associations," which explored various issues affecting the level of authority that developers have over…more

Homeowners Association (HOA), New Legislation, Property Owners, Real Estate Development

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New NLRB General Counsel Signals Policy Shift

Peter Robb, the newly appointed general counsel for the National Labor Relations Board (NLRB), issued a memorandum on December 1, 2017 that suggests he may revisit some of the NLRB’s policy decisions rendered under the Obama…more

NLRB, NLRB General Counsel, Policy Memorandums

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Comparison of Economic Development Incentives for South Carolina and North Carolina

In This Presentation: - Business Consideration – Electricity Rates - South Carolina vs. North Carolina - Corporate License Fees/ Franchise Taxes - Income Tax Rates (C Corps) - Income Tax…more

Apportionment, Economic Development, Exemptions, Franchise Taxes, Income Taxes

See all updates »

A Word of Warning When it Comes to Contracting With the Federal Government: Beware

Employers who regularly contract with the federal government are, most likely, already well aware that doing so can be both difficult and complex. This is particularly the case this time of year, when many are undergoing…more

Affirmative Action, Compliance, Federal Contractors, OFCCP, Recordkeeping Requirements

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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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SC Public Policy Update - February 2017

What's New - JUDICIAL ELECTIONS - Legislators officially elected Judge George “Buck” James as the next South Carolina Supreme Court justice on Wednesday during a joint session of the General Assembly on Wednesday. He…more

Economic Development, Federal Judiciary, Judicial Election, Legislative Agendas, Legislative Committees

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How Franchise Systems Can Minimize Risks of Labor Violations

No one enjoys being the center of attention when that attention is coming from federal regulators. Yet that’s where franchise systems have found themselves of late – especially in the hospitality sector, which accounts for a…more

Compliance, DOL, FLSA, Franchises, Hospitality Industry

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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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What’s Next in Foreign Direct Investment for the Carolinas?

Forget the “summer slump” – the summer of 2017 has been one for the books when it comes to foreign investment in the Carolinas. At the end of June, South Korean conglomerate Samsung made a monumental decision to locate an…more

Foreign Direct Investment, Foreign Investment

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The Construction Industry on Twitter - Feeds You Should Follow

I am the poster child for the idea that Twitter isn't just for young(er) people. Because of its short, quickly read descriptions and ease of viewing, Twitter has become my preferred source for quick access to news and…more

Construction Industry, Social Networks, Twitter

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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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An Overview of Private Charitable Foundations

A private foundation is a powerful tool for charitable giving. It is means of advancing your individual, family, or corporate mission and legacy through supporting those causes which you value the most…more

Charitable Organizations, Private Foundations, Tax Exempt

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Landowner’s Guide to Condemnation in South Carolina - The Government Wants Your Land…What Are Your Rights?

Government projects to build or expand roadways, erect public buildings, and install infrastructure, such as sewer, water and electrical lines, all require land. So long as building projects meet certain requirements, including…more

Condemnation, Eminent Domain, Fair Market Value, Infrastructure, Just Compensation

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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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Department of Labor Files Appeal and Motion for Abeyance in Overtime Rule Litigation

There have been new developments in litigation over changes to regulations under the Fair Labor Standards Act (FLSA) that specify which workers are eligible for overtime pay. Readers of our Mid-Week Memo will recall that last…more

Abeyance, DOL, FLSA, Over-Time, Trump Administration

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Property Subrogation Alert: Potential Property Subrogation Opportunities in South Carolina Related to the Recent Historic Rainfall and Flood Damage

In light of the recent historic rainfall and flooding in South Carolina, Nexsen Pruet’s property subrogation and recovery team would like to advise you of potential subrogation opportunities that may otherwise go overlooked…more

Construction Defects, Flood Insurance, Flooding, Homeowner's Insurance, Natural Disasters

See all updates »

Somebody is Watching (or Listening)—Workplace Recording

Many workplaces use video monitoring for security or inventory control. Most employees have cell phones with audio or video recording capabilities. Employers and employees often have questions about if or when video or audio…more

Audio Recording, Data Collection, Electronic Monitoring, Employee Monitoring, NLRA

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Department of Labor Moves One Step Closer to Allowing Employers More Flexibility in Their Tip Pooling Practices

The U.S. Department of Labor (DOL) published a notice of proposed rulemaking (NPRM) in the December 5, 2017 edition of the Federal Register, with a proposal to rescind its 2011 regulations on tip pooling. The NPRM appears to…more

DOL, FLSA, Hospitality Industry, NPRM, Restaurant Industry

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Eligibility of Foreign Nationals to be a Borrower under the FCA

Eligibility of Foreign Nationals to be a Borrower under the FCA - Since 1976, FCA regulations have allowed certain foreign nationals to be a borrower. These foreign nationals generally fall into two classes: Lawful…more

Farm Credit Administration, Foreign Nationals, Lawful Permanent Residents, Non-Immigrant Visas, Visas

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Health Care Arbitration Agreements: Five Ways to Improve Enforceability

Common law judicial doctrines in almost every state discourage and restrict arbitration agreements covering personal injury or death claims. This is particularly true regarding admission contracts to nursing homes or…more

Arbitration Agreements, Arbitrators, Assisted Living Facility, Depositions, Discovery

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Harleysville Revisited - What We Know Now

In January, the SC Supreme Court issued its original opinion in Harleysville Group Insurance, a Pennsylvania Corporation v. Heritage Communities, Inc, a South Carolina Corporation; Heritage Magnolia North, Inc., et al. and…more

Construction Industry, Insurance Industry, Property Owners, Punitive Damages, Reservation of Rights

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The U.S. Department of Education Office for Civil Rights Withdraws 2011 “Dear Colleague” Letter and 2014 Q&A on Title IX and Sexual Violence.

On September 22, 2017, U.S. Department of Education’s Acting Assistant Secretary for Civil Rights, Candice Jackson, withdrew the “Dear Colleague Letter on Sexual Violence,” dated April 4, 2011, and the “Questions and Answers on…more

Dear Colleague Letter, Department of Education, Sexual Conduct, Title IX

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Guns and the Workplace

For some, just the mention of those words in the same sentence brings to mind a number of horrible scenarios. Others immediately bristle at the idea of perceived infringement of “my right to own a gun.” In between those two…more

Concealed Carry Permit, Concealed Weapons, Employer Liability Issues, Employer No-Weapons Policies, Gun Laws

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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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New Cause of Action from Business Court?

CentsAbility: Creditors' Rights Law Update - In a recent case from the Business Court in Brunswick County, a North Carolina Judge held that Defendants could assert a claim for breach of the duty to negotiate in good faith…more

Breach of Duty, Contract Negotiations, Good Faith, Loan Modifications

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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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Is Your Website Subject to the ADA?

Client Alert: Demand Letters for "Lack of Compliance" - Businesses that use websites (virtually everyone) are now receiving, with increasing frequency, demands related to compliance with the Americans with Disabilities Act…more

ADA, Disability Discrimination, DOJ, Public Accommodation, Title III

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NC Legislative Update: January 2017

The 2017-18 Session of the North Carolina General Assembly - On Tuesday, Chief U.S. Supreme Court Justice John Roberts issued a stay, temporarily halting an order by the U.S. District Court for the Middle District of North…more

Department of Revenue, Legislative Agendas, Legislative Committees, Pending Legislation, Proposed Legislation

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Defending Commercial Class Actions: Recent Cases May be Giving the Defense an Edge

While the ripples from the United States Supreme Court’s 2011 decision in Wal-Mart v. Dukes are still being felt, the Court may make further class action waves this term with its pending decision in Comcast v. Behrend. This…more

Admissibility, Anti-Competitive, Burden of Proof, Class Action, Class Certification

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An Update of Flow Control Jurisprudence since United Haulers

Since United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority, 550 U.S. 330, 344 (2007), most courts have upheld local flow control ordinances as constitutional under that holding…more

Dormant Commerce Clause, Equal Protection, Trucking Industry, Waste

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Alleged Statutory Violations Precluded Coverage Under Business Liability Policy

In a November 2017 decision out of the United States District Court for the Western District of North Carolina, the Court held that an insurer has no duty to defend or indemnify its insured when the policy’s statutory violation…more

Car Accident, DPPA, Insurance Industry, Motor Vehicles, Putative Class Actions

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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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Comparison of Economic Development Incentives for South Carolina and North Carolina

In This Presentation: - Business Consideration – Electricity Rates - South Carolina vs. North Carolina - Corporate License Fees/ Franchise Taxes - Income Tax Rates (C Corps) - Income Tax…more

Apportionment, Economic Development, Exemptions, Franchise Taxes, Income Taxes

See all updates »

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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New North Carolina Sales Tax Provisions for Contracts Related to Real Property

This alert is relevant for contractors who perform construction services on real property in the state of North Carolina. In South Carolina, contractors remain subject to the traditional sales or use tax at the time of all…more

Affidavits, Construction Contracts, Contractors, Real Estate Market, Retailers

See all updates »

Court Finds Broad Non-Disclosure Agreement is Unenforceable Non-Compete

Last week, in the case of Fay v. Total Quality Logistics, LLC, the South Carolina Court of Appeals ruled that language in a non-disclosure agreement was so broad it effectively became an invalid non-compete agreement. The case…more

Confidential Information, Confidentiality Agreements, Corporate Counsel, Non-Compete Agreements, Non-Disclosure Agreement

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Improving the Examiner Interview with a Little Psychotherapy

Wandering through the aisles of iTunes for interesting podcasts, I came across several on psychotherapy. Wow, I thought to myself; I can sure use these! Many of them are hosted by women who have nice voices and who interview…more

Examiners, Patent Litigation, Patents, Psychological Counseling, USPTO

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Interesting and Useful Cases in Torts and Insurance - July 2017 in the Fourth Circuit Court of Appeals

Each month, Nexsen Pruet attorney Marc Manos, a member 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 area of Torts &…more

Excessive Force, Fourth Amendment, Loan Servicing, Punitive Damages, Summary Judgment

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New Guidance for Health Care Boards

On Monday, April 20th the U.S. Department of Health and Human Services Office of Inspector (HHS OIG) announced new compliance guidance that impacts health care providers across the country…more

Chief Compliance Officers, Health Care Providers, Healthcare, Internal Audit Functions, Internal Controls

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Consideration of Force Majeure in Construction Contracts

Before entering into a construction contract, consider how force majeure events are evolving in today’s world. Have you looked the risk of climate change causing more frequent unusual or severe weather? What about the…more

Climate Change, Construction Contracts, Force Majeure Clause, Terrorist Acts, TRIA

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Court Finds Hospital Subject to Sales Tax

By Order dated May 8, 2017, Judge Deborah Brooks Durden of the South Carolina Administrative Law Court upheld the Department of Revenue’s (Department) denial of Greenville Hospital System’s (GHS) request for an exemption from…more

501(c)(3), Department of Revenue, Hospitals, Sales Tax, Tax Exemptions

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South Carolina Court of Appeals Rules on Jury Trials and Class Action Waivers in Master Deeds - Decision is a good development for developers - UPDATE - July 2017

UPDATE: Based upon a settlement reached with Respondents, Petitioners filed a motion seeking dismissal of their petition for a writ of certiorari to the Court of Appeals. They also asked the Court to vacate the opinion of the…more

Appeals, Class Action, Deeds, Homeowners Association (HOA), Jury Trial

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There's Nothing Quite Like a Silver Platter: The EEOC's New Nationwide Procedures for Releasing Respondents' Position Statements Gratis

On Feb. 18, 2016, the Equal Employment Opportunity Commission (EEOC) issued its Nationwide Procedures for Releasing Respondent Position Statements and Obtaining Responses from Charging Parties, which are retroactive to all…more

Charging Orders, Confidential Information, Discovery, EEOC, Employment Discrimination

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The Justice Department’s New Policy on Waiving Claims of Ineffective Counsel; What it Means for Carolina Courts

Recognizing that the “right to effective assistance of counsel is a core value” or our justice system, Deputy Attorney General James Cole issued a memo to federal prosecutors instructing them that they should no longer enter…more

Criminal Prosecution, Plea Negotiations, Right To Appeal, Waivers

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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 »

Trademarks in the World of Golf - How In-House Counsel and Company Owners in the Golf Industry Can Take Stock of Their Game

Many of us golfers spent last weekend watching the PGA Championship at Quail Hollow. I was fortunate to be out on the course for Tuesday’s practice round where, in the early morning rain, I followed Justin Thomas as he assessed…more

Brand, Golf, Trademarks

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Court Tackles EEOC’s Wellness Program Regulations

Wellness programs have been on a pendulum over the past decade, swinging back and forth from “yes you can” to “no you can’t.” However, since the Patient Protection and Affordable Care Act guidance specifically authorizing,…more

AARP, ADA, EEOC, HIPAA, Wellness Programs

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North Carolina Business Court Addresses Consideration Requirement for Covenant Not to Compete

In American Air Filter Co., Inc. v. Price, No. 16 CvS 13610, 2017 WL 2797794 (N.C. Super. Ct. June 26, 2017), the plaintiff’s former employee signed an employment agreement that renewed automatically each year. The agreement…more

Business Court, Non-Compete Agreements, Pre-Employment Agreements, Restrictive Covenants

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Tips to Safeguard the Practice of Obtaining Electronic Signatures from Employees

To meet the fast-paced demands of geographically diverse or mobile workforces, or simply for convenience’s sake, many employers have begun electronically disseminating company policies and agreements. However, these employers…more

E-Signatures, Personally Identifiable Information, Signatures, UETA

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Are Remote Employees Eligible for FMLA Leave?

More and more employees are working remotely these days. So, what does an employer do when an employee who works from home—more than 75 miles from the employer’s office—requests FMLA leave?…more

Employee Rights, Employer Liability Issues, FMLA, Paid Leave

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The Endrew Decision: A Better Educational Standard for Special Needs Students.

March 22, 2017 will go down as a good day for parents, like me, who have a child in the public education system who has special needs. In a time when many of the exceptional children's programs in this state and in this country…more

ADA, Due Process, Endrew F. v Douglas County School District, Free Appropriate Public Education (FAPE), IDEA

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North Carolina Public Records Law 101 - A primer for economic development professionals

At the North Carolina Economic Development Association 2016 Annual Conference, I participated on a panel discussion and presentation regarding public records law requirements in North Carolina and how they affect economic…more

Destruction of Evidence, Economic Development, Inspections, Misdemeanors, Non-Profits

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North Carolina Cracks Down on Employee Misclassification

Most employers are familiar with legal issues surrounding the classification of workers as employees or independent contractors. Until recently, these discussions centered primarily around the decision on how a worker should be…more

DOL, Employee Definition, Employer Liability Issues, Independent Contractors, Misclassification

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Cyber Security and Loss Recovery - A New Alternative for Organizations

The largest data breaches ever have occurred since 2015, and targets have encompassed a wide spectrum of entities. Organizations affected range from U.S. DOJ and the IRS—where citizens’ personally identifying information was…more

Cyber Attacks, Cyber Insurance, Cyber Threats, Cybersecurity, Data Breach

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Updates on Environmental, Administrative and Regulatory Law: EARL e-News: EPA Strengthens Power Plant Water Discharge Regulations

On September 30, 2015, the EPA finalized a revision to its wastewater effluent standards for power plants. The new regulation (which takes effect sixty days after Federal Register publication of the revision) updates a 1982…more

Amended Regulation, Effluent Limitations, EPA, Final Rules, Operational Permits

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Title IX Update - July 2017

Office for Civil Rights Indicates Changes to Investigation Protocols - The Department of Education’s Office for Civil Rights (OCR) has reportedly released an internal memorandum indicating a change to its investigation…more

Department of Education, Educational Institutions, Higher Education Act, OCR, Title IX

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Property Subrogation Alert: Potential Property Subrogation Opportunities in South Carolina Related to the Recent Historic Rainfall and Flood Damage

In light of the recent historic rainfall and flooding in South Carolina, Nexsen Pruet’s property subrogation and recovery team would like to advise you of potential subrogation opportunities that may otherwise go overlooked…more

Construction Defects, Flood Insurance, Flooding, Homeowner's Insurance, Natural Disasters

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

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Reflections from a former Deputy General Counsel - How the Legal Landscape is Changing & the Real Secret to Job Security

I have seen the nature of legal services transform over the 20+ years of my career as an attorney. The evolution of the global business environment has driven some of it, but lawyers were slow adapters and we now find ourselves…more

Big Law, Business Development, Client Services, Law Practice Management, Young Lawyers

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Credit Reporting Agencies Remove Most Judgment and Lien Information from Credit Reports

Did you know that beginning July 1, 2017, the three largest nationwide credit reporting agencies, Experian, Equifax and Transunion, will delete certain civil judgment and lien information from the databases they use to create…more

Credit Reporting Agencies, Credit Reports, Liens

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Title IX Update - July 2017

Office for Civil Rights Indicates Changes to Investigation Protocols - The Department of Education’s Office for Civil Rights (OCR) has reportedly released an internal memorandum indicating a change to its investigation…more

Department of Education, Educational Institutions, Higher Education Act, OCR, Title IX

See all updates »

NC Legislative Update - Special Session - August 2017

Last Week - Lawmakers reconvened last Thursday for two sessions in one day. Pursuant to the June 30th adjournment resolution, lawmakers were to reconvene August 3rd at 12:00 noon, in order to address veto overrides,…more

Governor Cooper, Legislative Agendas, Misclassification, Regulatory Reform

See all updates »

Immigration: Waiting in Line at a U.S. Consulate Abroad

A much overlooked suspension of the Visa Interview Waiver Program could create visa processing headaches for companies employing foreign nationals. On March 6, President Trump signed an executive order directing the Secretary…more

Foreign Nationals, Immigration Procedures, Section 222, Trump Administration, Visa Waiver Program

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SC Public Policy Update - February 2017

What's New - JUDICIAL ELECTIONS - Legislators officially elected Judge George “Buck” James as the next South Carolina Supreme Court justice on Wednesday during a joint session of the General Assembly on Wednesday. He…more

Economic Development, Federal Judiciary, Judicial Election, Legislative Agendas, Legislative Committees

See all updates »

Recent Cases Shed Light on Retirement Plan Excessive Fee Litigation

As we approach the end of the year, 2017 is turning out to be significant in the ever-evolving world of litigation over 401(k) plan fees. Since 2006, plaintiffs’ firms have brought hundreds of lawsuits across the country on…more

Class Action, Corporate Counsel, ERISA, Excessive Fees, Fiduciary Duty

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NC Legislative Update - Special Session - August 2017

Last Week - Lawmakers reconvened last Thursday for two sessions in one day. Pursuant to the June 30th adjournment resolution, lawmakers were to reconvene August 3rd at 12:00 noon, in order to address veto overrides,…more

Governor Cooper, Legislative Agendas, Misclassification, Regulatory Reform

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 »

Recent Webinar Focused on Hot Topics in Safety and Health Law

The Oct. 11, 2017, webinar in our Workplaces that Win certificate series consisted of a safety and health update. During the event, we discussed topics that included: New developments at the Occupational Safety and Health…more

Electronically Stored Information, OSHA, Penalties, Recordkeeping Requirements, Webinars

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Consideration of Force Majeure in Construction Contracts

Before entering into a construction contract, consider how force majeure events are evolving in today’s world. Have you looked the risk of climate change causing more frequent unusual or severe weather? What about the…more

Climate Change, Construction Contracts, Force Majeure Clause, Terrorist Acts, TRIA

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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

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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

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Property Tax Update - 2018 North Carolina Reappraisal Counties

Update - 9/05/17 - Anson and Avery Counties are conducting reappraisals effective as of January 1, 2018. Watauga County has delayed the next reappraisal until January 1, 2022. Real property in North Carolina must be reappraised…more

Ad Valorem Tax, Appraisal, Property Tax

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Who Is Insured, What Is Insured and Why Makes a Difference

What do the Moody Blues and an insurance policy have in common? It boils down to this: Say what you mean and mean what you say. The District Court of South Carolina recently reminded us of the importance of the terms of an…more

Auto Insurance, Car Accident, Insurance Industry, Insurance Litigation

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Former NC Secretary of Commerce on HQ2: Charlotte is Amazon’s Answer

It’s been called the Olympics of the corporate world, Amazon Idol and the biggest economic development event in a generation. It’s thrown the economic development world into mayhem. It’s the race for HQ2…more

Amazon, Capital Investments, Economic Development

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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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Tax Implications for Same-Sex Married Couples Residing in The Carolinas

As the April 15th filing deadline approaches, there are important changes to note. When the U.S. Supreme Court struck down the Defense of Marriage Act (DOMA) on June 26, 2013, a number of important tax issues were raised and…more

DOMA, Same-Sex Marriage, SCOTUS, Tax Benefits, US v Windsor

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Update on State Statutes Restricting "Out-of-State" Arbitrations - IADC ADR Committee Chair Val Stieglitz of Nexsen Pruet reports on recent trends regarding state statutes restricting out of state arbitrations

Congress passed the Federal Arbitration Act (FAA) in 1925 to place arbitration agreements on the same footing as other contracts.1 Under the FAA, an arbitration provision “shall be valid, irrevocable, and enforceable, save upon…more

Arbitration, Arbitration Agreements, Federal Arbitration Act, Jurisdiction

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Good Faith Belief in Employee’s Wrongdoing Serves as Defense Against Retaliation Claim

A recent Fourth Circuit Court of Appeals ruling may offer employers in North and South Carolina another defense against an employee’s retaliation claim: No liability for adverse action against an employee based on the employer’s…more

Appeals, Corporate Counsel, Good Faith, Harassment, Retaliation

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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

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You Lost Your Case to the IRS: Are Accountant and Lawyer Fees Deductible?

Section 212(3) of the Internal Revenue Code [Code] provides in pertinent part: “In case of an individual, there shall be allowed as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year in…more

Accountants, Attorney's Fees, Deductibles, Internal Revenue Code (IRC), IRS

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Aiding & Abetting Fiduciary Breach - What is “Knowing Participation” by South Carolina Professionals?

The South Carolina Supreme Court recently clarified liability for aiding and abetting a breach of fiduciary duty. In Bennett v. Carter, 2017 WL 5163467, the Supreme Court reversed summary judgment on a claim against lawyers and…more

Aiding and Abetting, Beneficiaries, Breach of Duty, Fiduciary Duty, SC Supreme Court

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ESI & Electronic Discovery - October 3, 2013

The emergence of mid-size firms outside the major metropolitan areas as players in the Ediscovery market is coming. Clients who are tired of soaring document hosting and review costs associated with Big Data will appreciate the…more

Big Data, Cloud Computing, Cost-Containment, Data Storage Providers, Discovery

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SC House Tax Policy Review Committee Update: June 2017

The House Tax Policy Review Committee met on Tuesday, June 6, 2017, for a briefing regarding the tax impacts of H.3516, commonly referred to as the roads bill, by Representative Gary Simrill (R-York). Tom Cone and Don Hottel,…more

Tax Credits, Tax Policy

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North Carolina Annual Reports Must Be Filed at the Secretary of State’s Office

The North Carolina Department of Revenue now accepts electronically-filed corporation income tax returns. However, the NC DoR "DOES NOT permit or accommodate the e-filing of annual reports." That means corporate taxpayers who…more

Corporate Taxes, Department of Revenue, Electronic Filing, Secretary of State, Tax Returns

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The Exclusion of Other Incident Evidence in Product Liability Litigation

A crucial issue in the successful defense of a product liability case is the exclusion of other incidents and accidents involving products of the manufacturer. In old school parlance, prior incidents were often referred to as…more

Design Defects, Evidence, Exclusions, Manufacturing Defects, Medical Devices

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