Archived Publications
State Court Collections - North Carolina
Brooks Bossong
May 19, 2011
Employment Law Update - May 2011
May 13, 2011
The United States Supreme Court recently ruled that the anti-retaliation provision of the Fair Labor Standards Act (FLSA) extends to an employee’s oral complaints.
"Micro unions could create big problems"
William Floyd  Columbia
May 12, 2011
This article is featured in the May/June edition of South Carolina Business Magazine, a publication of the South Carolina Chamber of Commerce.
Looking to hire? Be careful with non-compete deals
David Dubberly
May 12, 2011
This article was featured on MidlandsBiz.com in May of 2011.
Five Common Mistakes Lawyers Make in Electronic Discovery - May 2011 Update
Gary Beaver
May 9, 2011
Gary Beaver provides an update to his 2006 article on several common mistakes lawyers make in electronic discovery.
Top Ten Things to Know About the Federal Rules of Civil Procedure Addressing Electronically Stored Information
Gary Beaver
May 9, 2011
"Electronically stored information (ESI) has been discoverable for a long time. The courts have applied the prior rules of civil procedure and developed several duties concerning e-discovery..."
Single Real Estate Asset - Some Basic Concepts and Current Issues
Ben Kahn
May 5, 2011
With the uncertain and difficult times, we are seeing more and more failures with land development projects. Many of these developments qualify as single asset real estate (“SARE”). In 2005, Congress amended the United States Bankruptcy Code (the “Code”) to provide for certain specific treatment and provisions with respect to SARE. This talk is intended as an introduction to some issues arising out of SARE cases. This is not intended as a comprehensive discussion of the myriad issues that may arise in SARE cases, and, as is always the case in any Chapter 11 bankruptcy filing, qualified bankruptcy counsel should be consulted.
Fradulent Transfers
Christy Myatt
April 28, 2011
Avoidence of fraudulent transfers differs from avoidance of preferences. Preferences represent legitimate payments honestly owed; a fraudulent transfer generally is viewed as one that skews the division of property among creditors and wrongfully depletes the estate—although such is not always the case. While preference avoidance aims to ensure that all unsecured creditors are treated equally, the avoidance of fraudulent transfer focuses on the relationship between the debtor and the creditor.
New Searchable Consumer Product Safety Incident Database (SaferProducts.gov)
Andrew Howle
April 27, 2011
The Consumer Product Safety Commission (the “CPSC”) has implemented a publicly available consumer product safety database with the working name “SaferProducts.gov.”
Red Flags Rule and Identity Theft Prevention Programs
Andrew Howle
April 27, 2011
The Red Flags Rule (the “Rule”) was designed to prevent identity theft.
New Regulations, New Requirements for Employers
David Dubberly
April 27, 2011
Nexsen Pruet's Employment and Labor Law team's Quarterly Breakfast Briefings help businesses cut through the red tape by providing information about how, during the past two years, the Federal Government has issued many new regulations directly impacting the workplace.
Preference Actions
Christy Myatt
April 21, 2011
The preference provisions of the Bankruptcy Code allow a trustee to recover transfers made to creditors during ninety (90) days prior to the petition date (the “preference period”) in order to share the value of the transferred property among all creditors. The concept of preference recovery was designed as way to help all creditors share the pain of a bankruptcy filing, and to prevent the debtor (or circumstances) from “preferring” one creditor over another.
Construction Law Alert
John Davidson & Randy Reavis
Spring 2011
Time to Check Your Insurance
Carolinas Insurance Litigation - Legal Review
April 14, 2011
This edition contains the following articles:
-Bad Faith in Absence of Breach of Insurance Contract?
-Certificates of Insurance and Additional Insureds.
Section 363 Sales
Julio E. Mendoza, Jr.
April 14, 2011
The sale of assets in a bankruptcy under the 11 U.S.C. § 363 sale provisions has become an often beneficial and desirable means for the realization of value of property in situations involving a distressed owner, or where asserted liens and interests in the property would cause an elongated sale process outside of bankruptcy, or where the purchaser seeks protection from the potential claims of creditors of the property owner. This material is intended to provide an overview of sales under Section 363 of the United States Bankruptcy Code (11 U.S.C. § 101, et seq.).
International Law Update
April 13, 2011
Appeals court says international contract requires litigation in England.
Forbearance Agreements
Benjamin A. Kahn
April 7, 2011
Given the current economic conditions, creditors repeatedly are faced with the decision whether to foreclose upon or to repossess collateral that may or may not be readily convertible into proceeds, or to enter forbearance agreements with their borrowers in what frequently amounts to last-ditch efforts to see if the borrower might improve its business to the point that repayment of the obligation becomes a viable option. With many forbearance agreements being followed up by bankruptcy petitions, there are a number of considerations that lenders should have in mind when considering and drafting forbearance agreements. This webinar is intended to be a short overview of some of the central bankruptcy considerations in drafting forbearance agreements. It is not intended as a comprehensive analysis of all issues that may arise in the context of pre-bankruptcy work-outs or complex forbearance agreements. As with any debtor/creditor documents, parties should consult counsel.
Employment Law Update - April 2011
March 31, 2011
In a unanimous decision, the U.S. Supreme Court recently ruled that an employer can be held liable for employment discrimination based upon the discriminatory animus of a supervisor who influenced, but did not make, the ultimate employment decision.
State Court Receiverships and Assignments for Benefit of Creditors
Christy Myatt
March 31, 2011
When questions arise regarding the available options for liquidation of a company, or preservation of a company’s assets, contact one of the members of the Bankruptcy/Creditor’s Rights Group at Nexsen Pruet for advice.
LightSwitch - Intellectual Property Law Bulletin
Volume Four; No. 1 March 29, 2011
This edition contains the following articles:
- World's Largest Patent Troll Finishes Cookbook, Files Lawsuit
- Design Patents
- Why Should We Care About Alternative Energy and Going Green?
"Liability Concerns For Employers in a Wired World" & "Tell your employees to park before texting"
Molly Hughes Cherry & Jennie Cluverius
Charleston Regional Business Journal March 24, 2011
In early 2011, the Charleston Regional Business Journal published a two-part article written by Nexsen Pruet attorneys Molly Hughes Cherry and Jennie Cluverius.
Motions for Relief from Stay
Suzanne Grigg
March 24, 2011
2011 Land Use Opinions - March
Zoning, Planning, and Land Use Section
North Carolina Bar Association March 20, 2011
The Zoning, Planning and Land Use Section of the North Carolina Bar Association has provided summaries of opinions so far in 2011.
Liquidations / Dissolutions - Issues Related to Closing Down a Business
Christy Myatt
March 17, 2011
Issues related to closing down a business -
- Why Should You Shut the Doors
- How Do You Shut the Doors - Procedural Options
- When Should You Shut the Doors - Timing Issues
- Fiduciary Obligations in Shutting the Doors
- Employment of Professionals - Attorneys and Accountants
- Dealing with Creditors and Customers
- Mechanics of an Out of Court Liquidation
Dealing with Troubled Companies
Christy Myatt
March 10, 2011
Doing business with troubled companies can result in your own company incurring significant losses. Learn what you should do to protect your business against a customer’s bankruptcy; what pre-bankruptcy remedies are available upon a customer’s default; and what impact bankruptcy may have on your collection strategies.
Employment Law Update - March 2011
March 7, 2011
A new U.S. Supreme Court decision allows third-party retaliation claims under Title VII.
Do you need special consideration for foreign national executives & managers?
David J. Garrett
March 2, 2011
Companies employing foreign nationals in high-level positions often need to provide their foreign national employees with employment contracts commensurate with their position in the company....
Bad “VIBES” – New validation tool will give employers of foreign nationals the “willies”
David J. Garrett
March 2, 2011
Employers who hire foreign nationals are about to face new challenges in obtaining work-related visas. The United States Citizenship and Immigration Service (USCIS) is moving a test project into the real world. So, the already enforcement-rich environment is getting richer. It’s called VIBE and business leaders need additional preparation when looking to add the expertise foreign nationals can provide....
Ashley II and beyond...
Tommy Lavender
February 25, 2011
In cases of first and second impression, federal district courts in South Carolina and California have now ruled on the bona fide prospective purchase (“BFPP”) defense following its enactment in 2002 and EPA’s subsequent “all appropriate inquiries” (“AAI”) implementing regulations in 2006....
2011 Land Use Opinions - February
Zoning, Planning and Land Use Section
NC Bar Association February 22, 2011
The Zoning, Planning and Land Use Section of the North Carolina Bar Association has provided summaries of opinions so far in 2011.
Doing Business In China - Ethical Considerations
David Robinson Raleigh
February 22, 2011
Attorney David Robinson explores ethical issues to consider when doing business in China. Topics include: The Foreign Corrupt Practices Act, Export Controls, Foreign Assets Control and Intellectual Property Rights.
Foreign Labor & Expertise For Technology Companies
February 16, 2011
Let's face it: Your company needs the best expertise in order to maintain the competitive edge. Your clients demand top service, and often expect 24/7/365 availability. The Internet has opened up the world marketplace for your company. Why not attract the best employees from around the world?
Technology and Export Controls
The U.S. Government actively pursues the control of exports of sensitive equipment, software and technology, services and information to foreign nationals and foreign destinations as a means to promote national security interests, foreign policy objectives, and pursuit of world peace.
Solutions-Based Procurement: A Change in Protests of Awards
Marc Manos and Manton Grier, Jr.
February 16, 2011
Beginning around 2004, the South Carolina Information Technology Management Office (“ITMO”) began looking at a “solutions-based” procurement model. ITMO believed that many government agencies over-specified their requests for technology solutions. The end result could be denying the agencies the benefit of contractors’ flexibility and expertise in designing the best and least expensive solutions. In other words, the specifications might be stifling the offerors’ creative ability to propose solutions.
Employment Law Update - February 2011
February 15, 2011
This edition reviews inclement weather wage and hour issues.
"Debunking Lost Future Earnings Damages"
Jim Bryan and Taylor Stukes
The Transportation Lawyer February 2011
Jim Bryan and Taylor Stukes co-authored an article for The Transportation Lawyer, a joint-publication of the Transportation Lawyers Association and Canadian Transport Lawyers' Association.
Government Contracts - Intellectual Property and Data Rights
If you are a federal government contractor, whether a prime contractor or a subcontractor, you probably understand all too well how complex the Intellectual Property and Data Rights requirements are under the Federal Acquisition Regulations. You also understand that these rules and regulations are quite different than the “commercial world.”
"Legal Aspects of Distribution Agreements in Colombia"
David Dubberly
February 11, 2011
On January 31, Nexsen Pruet attorney David Dubberly spoke to a group of SC and NC companies that are considering participating in a U.S. Department of Commerce-sponsored trade mission to Colombia. Dubberly's topic was "Legal Aspects of Distribution Agreements in Colombia."
International Agreements and Your Technical Data
The whole world’s the stage in today’s business market. If you do business cross-borders, are you sure you are not incurring liabilities that you don’t even know about?
"Good waiters make good lawyers"
Leighton Lord
South Carolina Lawyers Weekly February 7, 2011
Nexsen Pruet attorney Leighton Lord authors an article for South Carolina Lawyers Weekly.
LightSwitch - Intellectual Property Law Bulletin
1st Quarter Supplemental January 25, 2011
This edition contains the following articles:
My company has no intellectual property... or does it?
Brain Child
What the Librarian of Congress has to do with your cell phone
Employment Law Update - January 2011
January 2011
Pregnancy discrimination claims are on the rise; and the NLRB proposes a mandatory pro-union poster for all employers.
Overcoming The Vanishing Trial: A Trial Lawyer’s Skills Are More Vital Than Ever to Success at Mediation
Val H. Stieglitz, Christopher S. Berdy and J. Calhoun Watson
International Association of Defense Counsel's Alternative Dispute Resolution Committee Newsletter January 7, 2011
In an article for IADC's Alternative Dispute Resolution Committee newsletter, Val H. Stieglitz writes why a lawyers' trial skills are more important than ever in successfully mediating a case.
Amendment to the Stark Law Effective January 1
Larkin Ellzey
January 2011
The healthcare reform act, known as the Patient Protection and Affordable Care Act (PPACA), has now been passed into law and will affect the lives of Americans in numerous ways. One change impacts the way in which some healthcare entities operate their businesses to comply with the ever changing landscape of the Stark law.
Employment Law Update - December 2010
December 2010
New final regulations under the Genetic Information Nondiscrimination Act were published by the EEOC in November and will take effect January 10, 2011.
State and Local Tax Update - Case Law Update
Burnie Maybank South Carolina Bar Association
December 16, 2010
Nexsen Pruet attorney Burnie Maybank presented a State and Local Tax Case Law Update for the South Carolina Bar Association on December 9th.
"Negotiating the Business Deal in China"
F. Joseph Diab
December 14, 2010
An excerpt:
"The primary reason that Western negotiators fail in China is their failure to understand the culture and its influence on Chinese negotiators.
While much can be said about China’s long history and recent economic rise, no one could defensibly assert that China is currently or has historically been home to the 'land of plenty' or the 'land of opportunity.' Much of the history of China has been the history of scarcity in which large segments of the population have grown accustomed to not having enough of many basic necessities with which many Western societies have become quite familiar, such as food, money, freedom or opportunity. In the current Chinese economy, two-thirds of the population still live in an agrarian, rural environment and depend upon harvesting rice or wheat in a traditional, communal environment. Survival depends upon group cooperation and harmony. Loyalty, obedience and hierarchy hold the group together."
How the Dell Incentives Worked
Jim Holshouser and Ernie Pearson
December 6, 2010
Dell Inc. shut down production at its Forsyth County, N.C. facility.... An unexpected increase in orders kept the facility open for ten months longer than the computer company expected in October of 2009 when it announced that the Winston-Salem plant would close. Following the announcement, a debate emerged over the value of economic development incentives.
Tourism and Retail Incentives
Burnie Maybank
December 2, 2010
Nexsen Pruet attorney Burnie Maybank presented this information at the December 2, 2010 economic development seminar held at Nexsen Pruet's Columbia office.
Mast General Store Case Study
April Lucas and Jim Gambrell
December 2, 2010
Nexsen Pruet attorney April Lucas and Jim Gambrell, Economic Development Director for the City of Columbia, gave this presentation discussing the details of Mast General Store's decision to come to Columbia.
Financing Techniques for Commercial Retail Projects
April Lucas, Bob Coble and Matt Kennell
December 2, 2010
Nexsen Pruet attorneys April Lucas and Bob Coble were joined by Matt Kennell from City Center Partnership, Inc. to discuss financing techniques for commercial retail projects at Nexsen Pruet's economic development seminar.
Employment Law Update - November 2010
November 2010
This edition addresses the enforceability of non-competition agreements in the Carolinas.
Public Policy and Government Affairs Expansion
November 3, 2010
The Public Policy and Government Affairs Practice Group was recently expanded to build upon our diverse and unique knowledge of government and how it works – and how it can work for you.
Employment Law Update - October 2010
October 2010
This edition focuses on a recent lawsuit brought by the EEOC on behalf of an applicant who claims his employer discriminated against him because of his religion in violation of federal law. The applicant requested the employer make an exception to its grooming policy for religious reasons. The article also mentions steps employers can take to minimize the risk of religious discrimination claims.
Environmental Disqualifying Event
NC Bar Association - Environmental News - Volume 22, Number 1 October 2010
Nexsen Pruet attorneys Jim Bryan and Ernie Pearson write about a new term environmental lawyers need to know - "environmental disqualifying event."
Proposed Changes to the Federal Trade Commission’s “Green Guide”
James W. Potter
October 8, 2010
Manufacturers of products making environmental friendly claims on labels and in advertising should carefully review proposed changes to the “Green Guides” originally developed by the Federal Trade Commission (FTC) in 1992.
LightSwitch - Intellectual Property Law Bulletin
Volume Three; No. 3 October 1, 2010
This edition contains the following articles:
- Shaking Up Trademarks
- What’s a Bilski?
- How Does Cotton Affect Patent Rights in Brazil?
The Paralegal Survival Guide Facts and Forms
2nd Edition 2010
Nexsen Pruet attorney Todd Serbin contributed to the Intellectual Property chapter of The Paralegal Survival Guide Facts and Forms, Second Edition.
The Carolinas Insurance Litigation Review
Jim Bryan, Taylor Stukes, Stephen Groves
October 2010
This issue of the Carolinas Insurance Litigation Review includes:
- "Challenging Policyholder Claims for Bad Faith and Punitive Damages" for North Carolina
- "Combating Policyholder Bad Faith and Breach of the Covenant of Good Faith and Fair Dealing Claims" for South Carolina
The Lawyer's Corner - Spoliation of Evidence
Jim Bryan
North Carolina Trucking Association Maintenance Council e-Newsletter October 2010
Nexsen Pruet attorney Jim Bryan authored an article entitled "Spoliation of Evidence" for the October 2010 edition of the North Carolina Trucking Association Maintenance Council e-Newsletter.
Employment Law Update - September 2010 Supplemental
September 21, 2010
Part two of a two-part OSHA Update describing what employers can expect in connection with an inspection conducted by South Carolina OSHA and how to contest citations.
Get Ready for New Guests: Federal Auditors to Come Calling
Grainger Pierce
September 2010
Following a substantial increase in funding and a mandate to increase its enforcement activities, the United States Department of Labor (DOL) is planning to audit hotels, motels, and resorts across the country beginning on October 1, 2010.
Social Networking Discovery: Get Used To It
Strictly Speaking September 13, 2010
Russell Burke authored an article entitled "Social Networking Discovery: Get Used To It."
Construction Law Alert - Fall 2010
Jeffrey M. Reichard
September 9, 2010
This article addresses a recent Maryland decision on the application of a termination for convenience ("T/C") clause. Such clauses have been around for years, but the case law has generally come from federal contracts, and the courts that have construed them have given the federal government broad latitude in justifying a termination for convenience. The new Maryland rule could be the beginning of a new standard for use of the T/C clause in commercial contracts.
Health Care Reform Webinar - September 2010
Mike Brittingham
September 8, 2010
Health Care Reform Webinar
What to Expect and Consider During the 2011 Renewal Season
September 8, 2010
This complimentary webinar will focus on Health Care Reform and some of the major issues or questions impacting group medical plans during the 2011 renewal season.
Employment Law Update - September 2010
September 2010
The U.S. Supreme Court continues to issue rulings favorable to arbitration agreements in the employment setting.
South Carolina Economic Development Competitiveness Act of 2010
Burnie Maybank and George Wolfe
South Carolina Business September 2010
Burnie Maybank and George Wolfe authored this article for the September/October edition of South Carolina Business.
Employment Law Update - August 2010 Supplemental
August 30, 2010
Part one of a two-part OSHA Update describing what employers can do to prepare for an inspection conducted by South Carolina OSHA.
Employment Law Update - August 2010
August 2010
This edition of the newsletter summarizes a Fact Sheet issued by the U.S. Department of Labor (DOL) setting out the agency's view of unpaid internships.
Amicus curiae brief filed on behalf of the South Carolina Hospital Association
August 2010
On August 9, 2010, the South Carolina Supreme Court issued an opinion in the case of Blair Mathis v. Brown & Brown of South Carolina, in which Nexsen Pruet's Nikole Mergo filed an amicus curiae brief on behalf of the South Carolina Hospital Association.
The Lawyer's Corner - Admissibility of Guilty Pleas
Jim Bryan
North Carolina Trucking Association Maintenance Council e-Newsletter August 2010
Nexsen Pruet attorney Jim Bryan authored an article entitled "Admissibility of Guilty Pleas" for the August 2010 edition of North Carolina Trucking Association Maintenance Council e-Newsletter.
Using Foreign Distributors for your Products
July 19, 2010
Nexsen Pruet attorney David Robinson explains that there are many ways for you to get your products into a foreign marketplace.
"Rolling Out CSA 2010 - The New Motor Carrier Safety Compliance"
Jim Bryan and Dennis Lynch
The DefenseLine Summer 2010
"State Tax Incentives: Putting Money on the Table"
Burnie Maybank
Made In SC July 2010
The July 2010 edition of Made in SC features an article written by Nexsen Pruet's Burnie Maybank. It is a publication of the the South Carolina Manufacturers Alliance.
LightSwitch - Intellectual Property Law Bulletin
Volume Three, No. 2 June 29, 2010
This edition contains the following articles:
- The Patent Reform Act of 2010
- Notable IP Group Activities
- The Transformative Obama "Hope" Poster Fair Use or an Infringing Derivative Work?
Employment Law Update - June 2010
June 2010
This edition reviews a recent decision by the Fourth Circuit federal appeals court examining who is a "supervisor" for purposes of holding a company liable for sexual harassment conduct by a supervisor.
Court's Ruling Expanded Availability of Job Development Credits
Burnie Maybank
Journal of Multistate Taxation and Incentives - Volume 20, Number 3, June 2010 June 1, 2010
Nexsen Pruet attorney Burnie Maybank authored an article entitled "Court's Ruling Expanded Availability of Job Development Credits" for the June 2010 edition of the Journal of Multistate Taxation and Incentives.
Use of Trust Decanting to Extend the Term of Irrevocable Trusts
William R. Culp, Jr and Briana L. Bennett
Estate Planning, Vol. 37, No. 6 June 2010
Mediating the Low-Dollar, High-Emotional-Content Case
Val H. Stieglitz
International Association of Defense Counsel, Alternative Dispute Resolution Committee Newsletter May 2010
In IADC's Alternative Dispute Resolution Committee newsletter, Val H. Stieglitz provides insight on mediating emotionally driven cases.
"What businesses should know about S.C. unemployment compensation system revisions"
William Floyd
Chamber Biz - A weekly update from the South Carolina Chamber of Commerce May 2010
The South Carolina legislature has begun fixing the state’s broken unemployment compensation system.
Amicus Curiae Brief for Trucking Industry Defense Association
Jim Bryan and Taylor Stukes Supreme Court of North Carolina
May 19, 2010
On May 19, 2010, Jim Bryan and Taylor Stukes filed an amicus curiae brief in a case pending before the North Carolina Supreme Court on behalf of the Trucking Industry Defense Association. The Brief supported the position of Canal Insurance Company. Bryan and Stukes argued in their brief that the North Carolina Court of Appeals wrongly upheld a trial court’s interpretation of a provision in a trucking company’s insurance policy that defined who was an “insured” under the policy and had coverage. Judge Steelman of the Court of Appeals wrote a dissenting opinion.
"Small businesses beware: S.C.'s illegal immigration crackdown enters new phase"
David Dubberly, Melissa Azallion
Columbia Regional Business Report May 17, 2010
Red Flags Rule and Identity Theft Prevention Programs
May 14, 2010
On June 1, 2010, the Federal Trade Commission (the “FTC”) will begin enforcement of the Red Flags Rule (the “Rule”).
Employment Law Update - May 2010
May 11, 2010
On March 30, 2010, Governor Sanford signed legislation restructuring, and renaming, the South Carolina Employment Security Commission, and amending the state's employment security law. This month's update describes some of the changes that have taken place at the agency and in the benefits claims process.
Finding and Securing Funding for Alternative Energy Projects: A Case Study
Pat Brown
May 10, 2010
Nexsen Pruet member (partner) Pat Brown authors a case study about how an alternative energy company was able to achieve "first-of-its-kind" funding.
SCEDA Annual Meeting - SC Economic Development Competitiveness Act of 2010
Burnie Maybank Myrtle Beach
May 6, 2010
Nexsen Pruet's Burnie Maybank gave this presentation about the SC Economic Development Competitiveness Act of 2010 at the SCEDA Annual Meeting on May 6th.
These Paper Tigers Have Teeth: Anticipating and Responding to Document Subpoenas from Government Authorities in Federal Matters
Will Terpening
National Association of Criminal Defense Lawyers, The Champion April 2010
Criminal-defense attorney Will Terpening discusses the importance of planning for and adequately responding to government subpoenas in an article written for The Champion, a publication of the National Association of Criminal Defense Lawyers.
Employment Law Update - April 2010
April 2010
Employer wins ADA suit brought by medical intern who could not perform the essential functions of his job with or without a reasonable accommodation.
Real Estate Legal Descriptions
Ann M. Cantrell, NCCP
Facts and Findings: The Magazine for Legal Assistants - March/April 2010 April 5, 2010
Some paralegals believe that only attorneys can prepare real estate legal descriptions... read more here.
LightSwitch - Intellectual Property Law Bulletin
Volume Three; No. 1 April 1, 2010
This edition contains the following articles:
-Further Affiant Sayeth Not...
-Wiping Out Patent Infringement Damages - The Reexamination Strategy
-Mediation and Asymmetric Mis-information
Trust Decanting: An Overview and Introduction to Creative Planning Opportunities
Real Property, Trust and Estate Law Journal, Vol. 45, Issue No. 1 (co-author) Spring 2010
Federal Tax Consequences of State Economic Development Incentives
Burnie Maybank
March 31, 2010
Nexsen Pruet attorney Burnie Maybank presented this information about federal income tax consequences of state economic development incentives at the Columbia Tax Council on March 31, 2010.
Employment Law Alert: The HIRE Act and FICA Taxation of Severance Benefits
March 29, 2010
Hiring for the HIRE Act: Federal Legislation Offers Substantial Incentives for Bringing on New Workers and Important New Development Affecting FICA Taxation of Severance Benefits
Presentation to South Carolina Manufacturers Alliance Annual Meeting
Burnie Maybank Isle of Palms
March 18, 2010
Nexsen Pruet attorney presented information about property taxes, the Economic Development Competitiveness Act and the South Carolina Realignment Commission at the South Carolina Manufacturers Alliance's annual meeting on March 18th, 2010.
Why South Carolina Needs Economic Development Incentives
Burnie Maybank
South Carolina Business March 17, 2010
The March/April 2010 edition of South Carolina Business features an article by Nexsen Pruet attorney Burnie Maybank entitled "Why South Carolina Needs Economic Development Incentives."
Negotiated Fees In Lieu of Taxes and Special Source Revenue Bonds/Credits in South Carolina – 2010
March 2010
This brochure outlines the basic structure of the negotiated Fee in Lieu of Taxes ("FILOT") and Special Source Revenue Bond/Credit programs in South Carolina, each of which relates to property taxes for qualifying businesses.
Job Development Credits, Jobs Tax Credits and Other Enterprise Zone Benefits - 2010
March 2010
This brochure highlights the principal benefits available to qualifying South Carolina businesses under the South Carolina Enterprise Zone Act, as modified by the Economic Development Industrial Cluster Act of 1996 and the Rural Development Act of 1996 (as so modified, and as amended, the “EZA”).
Industrial Revenue Bonds in South Carolina - 2010
March 2010
This brochure provides an overview of financing with industrial revenue bonds (“IDBs” or “bonds”) and presents the basic facts and concepts in simple terms.
Employment Law Update - March 2010
March 2010
This edition describes new audit initiatives by the IRS and DOL that focus on potential misclassification of workers as independent contractors when they are, in fact, employees, as well as potential misclassification of employees as exempt from wage and hour laws when they do not meet the requirements for exempt status.
"Court strikes down attorney fee award because DOT was ’substantially justified’ "
Paul Thorp
North Carolina Lawyers Weekly February 22, 2010
Employment Law Update - February 2010
February 2010
This month's Employment Law Update addresses some of the legal risks associated with employee use of blackberries and cell phones after work hours or while driving.
"Unforgiving Mistakes: Beaman v. Head and Its Progeny"
Margaret Burnham, Ben Kahn and Dave Pokela NC Land Title Association
Carolina Update - Fall 2009 / Winter 2010 2010
October 2009-Recently, there has been a spate of bankruptcy decisions in the Eastern District of North Carolina involving real estate documentation errors. This article looks at Beaman v. Head and the cases that followed in its wake. What lesson is there to learn? Real estate documentation mistakes can be unforgiving and incurable in bankruptcy.
The Legal, Political and Social Implications of the Death Penalty
The University of Richmond Law Review - May 2007 (Volume 41, Issue 4)
This article was published by The University of Richmond Law Review. It contains excerpts from remarks made by Billy Wilkins at the Charleston School of Law on September 14, 2006, and at the Riley Institute at Furman University on October 11, 2006. At the time, Wilkins was Chief Judge of the United States Court of Appeals for the Fourth Circuit.
How Immigration Laws Impact Your Construction Clients
David J. Garrett Raleigh, NC
February 2010
The construction industry is in the forefront of worksite immigration enforcement efforts by various governmental agencies, including Federal agencies and in some cases by state and local governments. This article begins with a discussion of the new climate of enforcement in which
construction lawyers need to understand how their clients operate.
Employment Law Update - January 2010
January 2010
As the new year gets underway, the January edition of the Update discusses four resolutions employers will want to consider.
LightSwitch - Intellectual Property Law Bulletin
Damages in Patent Cases - Part 3
LightSwitch - Intellectual Property Law Bulletin
Damages in Patent Cases - Part 2
LightSwitch - Intellectual Property Law Bulletin
Volume Two; No. 4
This edition contains the following articles:
- Court Applies "Reasonableness" Standard to Invention Assignment
- I Lost Fifty Pounds Using This Product!!!
- Why Should Cash-Strapped Start-Up Companies Spend Money on IP Attorneys?
Multi-County Economic Partnership Dream Comes to Fruition at Triangle North
Ernie Pearson
January 2010
Southern Business and Development's 2010 Small Town South Edition features an article written by Nexsen Pruet attorney Ernie Pearson entitled "Multi-County Economic Partnership Dream Comes to Fruition at Triangle North."
LightSwitch - Intellectual Property Law Bulletin
January 1, 2010
Damages in Patent Cases - Part 1
Recent Developments in Insurance Coverage Litigation
Stephen P. Groves Sr., Robert N. Kelly, Christine S. Davis,Pamela A. Palmer, Fred A. Smith, and David A. Gauntlett
Tort Trial & Insurance Practice Law Journal, Winter 2010 (45:2) Winter 2010
Nexsen Pruet's Stephen Groves co-authored the article for the for Tort Trial & Insurance Practice Law Journal.
COBRA Subsidy Extended and Expanded
December 30, 2009
On December 19, 2009, President Obama signed into law the Department of Defense Appropriations Act, 2010 (2010 DOD Act), part of which extends and expands the program that subsidizes continued health care coverage under COBRA for certain involuntarily terminated employees....
Employment Law Update - December 2009
December 2009
This edition addresses employment law issues arising from employee and employer use of online social networking sites.
Employment and Labor Law: 2009 Rewind
David Dubberly, Cherie Blackburn, Grainger Pierce
December 1, 2009
As we approach the end of 2009, we look back, scratch our heads, and ask, "What Happened"?
Topics covered include:
- ADA protections expanded
- Immigration requirements and inspections increased
- Miltary leave broadened
- EEO poster revised
- Other important legal changes this year
A Multimillion Dollar Problem: Challenges for S.C.’s Unemployment Compensation System
South Carolina Business November 30, 2009
The November/December 2009 edition of South Carolina Business features "It's All About the Money." It is a "3-part series about the issues affecting business costs in South Carolina." Nexsen Pruet Employment and Labor Law attorney William Floyd authored the section entitled "A Multimillion Dollar Problem: Challenges for S.C.’s Unemployment Compensation System." South Carolina Business is a publication of the South Carolina Chamber of Commerce.
Majority Shareholder's Duties Owed to Minority Shareholders under North Carolina Law
Andrew Wilds Howle
November 24, 2009
This paper explores the duties that a corporation’s majority shareholder owes to its minority shareholders, either directly or indirectly. Where the duties are indirect, they arise as a result of the majority shareholder controlling the corporation and the corporation owing the duties to the minority shareholder.
Boeing and the Carolinas - The Dream Begins
The Greenville News, The State, The Charlotte Observer, The Post and Courier November 20, 2009
Online Social Networking: A New Frontier in Employment Law
Jennifer S. Cluverius
Because of the popularity of internet sites such as Facebook, MySpace, Twitter, and LinkedIn, employee blogging, tweeting, and “friending” have become common occurrences. Unfortunately for employers, as this technology continues to develop and grow, so do related employment law issues.
Managing the Holidays
David Dubberly & Molly Hughes Cherry
November 18, 2009
Employers who fail to consider holiday-related legal issues may end up having a blue Christmas. In addition to sugarplums, below are two issues to ponder as the holiday season approaches: the office party and holiday pay and time off.
Helping Chinese Manufacturers of Consumer Products Navigate the New U.S. Regulatory Environment
Val Stieglitz
November 2009
Val Stieglitz discusses the practical challenges and solutions for chinese manufacturers of consumer products and the US regulations.
"From bench to bar: Former federal chief judge makes tough transition"
Fred Horlbeck Greenville
SC Lawyers Weekly November 10, 2009
The November 9th, 2009 edition of South Carolina Lawyers Weekly profiles Billy Wilkins in an article entitled "From bench to bar: Former federal chief judge makes tough transition."
The Nuts and Bolts of Declaratory Judgment Actions
Jim Bryan
North Carolina Bar Association's Insurance Law Update CLE November 6, 2009
Actions for declaratory judgment are a common feature of a litigator’s insurance coverage practice. Sometimes they can be simple and straightforward and other times they can be complex, protracted and expensive. This article is intended to address many of the substantive and procedural issues that arise in declaratory judgment actions.
Choosing a Trademark
Todd Serbin
Nexsen Pruet Intellectual Property attorney Todd Serbin's presentation called "Choosing a Trademark"
covers topics such as fanciful marks, arbitrary marks, suggestive marks, and descriptive marks.
South Carolina Energy Overview
Burnet R. Maybank, III
November 3, 2009
Nexsen Pruet attorney Burnie Maybank gave this presentation about energy incentives at the Greenville Chamber Transportation and Energy Summit on November 3, 2009. Topics covered include: S.C. energy statistics, Stimulus Funding for S.C., Certified Renewable Energy Bonds, State Tax Incentives, Solar Energy Credit, Alternative Motor Vehicle Credit, Plug-In Hybrid Vehicle Credit, Ethanol or Biodiesel Production Credits, Credit Application and Allocation, Ethanol or Biodiesel Research and Development Credit, Biomass Resources Credit, and Credit for Renewable Fuels.
Immigration Concerns for M&A Transactions
David J. Garrett
When working with mergers, acquisitions and other types of corporate restructuring and business entity transformations,
immigration counsel can either be your best friend or, if consulted too late in the transaction, be the one to advise you that you get to explain to your client why some of their most valuable executives and employees are no longer authorized for work in the U.S.
Accountant's Role in Bankruptcy and Bankruptcy Related Tax Issues
November 1, 2009
Presented by Christy Myatt at the NCCPA Annual Tax Seminar in November 2009.
Defenses for Cargo Loss Claims Under the Carmack Amendment
Jim Bryan and Taylor Stukes
Trucking Industry Defense Association e-newsletter - October 2009 October 2009
Cargo travels this nation by truck through hundreds of miles and through the hands of multiple parties before it reaches its destination. During the journey, the parties involved in the transport of the cargo face constant risks for legal liability for damage or loss of cargo.
Employment Law Update - October 2009
October 2009
This edition focuses on the EEOC's recent publication that addresses waivers of discrimination claims in employee severance agreements; the EEOC reminds employers and employees about requirements for valid and enforceable releases, especially when the releases are for employees age 40 and older.
LightSwitch - Intellectual Property Law Bulletin
October 2009
This edition contains the following articles:
- South Carolina and The Wind Energy Debate
- Virtual Mediation
- Damages in Patent Cases
- Liability Risks for Corporate Networking Websites
Client Alert: SC Immigration Inspection Update
September 30, 2009
Nexsen Pruet recently conducted an Immigration Compliance and Enforcement webinar. During the webinar we stated that the South Carolina Chamber of Commerce ("Chamber") had helped resolve two of the main concerns raised by the way the South Carolina Department of Labor, Licensing, and Regulation ("LLR") had been carrying out immigration inspections to enforce the South Carolina Illegal Immigration Reform Act...
Nexsen Pruet named Gold Level “Fit-Friendly Company”
American Heart Association
September 28, 2009
In the summer of 2009, the American Heart Association named Nexsen Pruet a Gold Level “Fit-Friendly Company.” The association recognized the firm for its commitment to providing physical activity and fitness opportunities to its employees. Learn more about the program from this special section published in Fortune magazine on September 28, 2009.
Green Buildings: A Breakdown of LEED Standards
James Potter
September 17, 2009
In April 2009 the U.S. Green Building Council released its most recent version of Leadership in Energy and Environmental Design (LEED) green building rating system. This standard is a voluntary system but is used (like ASTM) as a reference system for this type of construction....
Immigration Compliance and Enforcement Update
September 15, 2009
U.S. Immigration and Customs Enforcement (ICE) and S.C. Department of Labor, Licensing and Regulation (LLR) inspectors are calling on employers daily to audit compliance with federal and state immigration requirements. And the mandatory E-Verify Rule for Federal Contractors is scheduled to go into effect on September 8, 2009.
Are you ready?
Employment Law Alert: Court Upholds Rule Requiring Federal Contractors to Use E-Verify
David Dubberly
September 1, 2009
Removing what is likely the last hurdle to implementation, last week a U.S. District Court dismissed a lawsuit challenging implementation of the E-Verify Rule for federal contractors.
Is Your Business Prepared To Comply with the SC Illegal Immigration Reform Act?
Melissa Azallion
August 31, 2009
On June 4, 2008, South Carolina passed a comprehensive immigration law touted by many as one of the toughest immigration laws in the nation. Employers are greatly impacted and need to understand what lies ahead....
E-Verify: Is it Right for Your Business?
Melissa Azallion
August 31, 2009
On July 1, 2009, South Carolina businesses with more than 100 employees became subject to the employment verification provisions for new hires set forth in the South
Carolina Illegal Immigration Reform Act. By July 2010, all South Carolina businesses must comply with the employment verification rules....
Staying Ahead of the Game on State and Federal Immigration Enforcement Issues
Melissa Azallion
August 31, 2009
Over the past year, employers have been dealing with immigration enforcement initiatives at the federal, state and local levels. In some instances, businesses have been targeted for audits by Immigration and Customs Enforcement (ICE) with very tight time periods to produce I-9
documents. Also, some South Carolina businesses with more than 100 employees have recently been the subject of random audits by the South Carolina Department of Labor, Licensing &
Regulation (SCLLR) and have been asked to produce I-9 documents....
Victoria Eslinger Answers Questions on Her Work to Promote Social Justice
SC Appleseed Legal Justice Center August 28, 2009
"SC Appleseed Legal Justice Center is proud to honor Victoria L. Eslinger as our 2009 Advocate of the Year. Her work over the years has not only made many positive changes to the low income community but has been an inspiration to fellow lawyers around the state. We talked to Ms. Eslinger about her distinguished career, and we share some of her thoughts with you...."
It’s about More than Just Putting it on Ice - Alcohol Law: An Overview of “Tied House”
Dave Cannon & Danielle Walther
August 27, 2009
In alcohol beverage law, tied house rules and regulations are restrictions and limitations on the relationships among wholesalers, manufacturers, importers and retail sellers of alcoholic beverages. These regulations emerged as an issue in the N.C. Legislature because of concerns that if there is a “tied house,” the retailer will feel pressure to only serve the brand of alcohol owned or sold by the manufacturer/importer – or will actually be pressured to only sell one brand....
Client Alert: Reassessment May Boost Property Taxes
Andrew Colvin Beaufort County
August 26, 2009
In 2009, there will be a countywide reassessment in Beaufort County. Due primarily to market conditions, the Beaufort County Assessor's Office has said it expects a record number of appeals this year. While we hope the assessor’s appraisals would fall in line with recent market conditions, we believe that in many cases your taxes may actually increase.
Counties Authorized to Provide Property Tax Relief to Large Corporate Jets
Burnie Maybank
Palmetto Aviation - Summer 2009 August 10, 2009
I probably don’t need to tell you property taxes on planes in South Carolina are high. (By some estimates, they are among the very highest in the United States.) Actually, if you are among the many aircraft owners who keep their plane elsewhere as much as possible and hope the tax man never comes calling, I may need to tell you this....
I wrote it; I own it!... Don't I?
Michael A. Mann
August 4, 2009
Ownership of Intellectual Property: Patents, Copyrights, Trade Secrets, Know-how and Trademarks
Employment Law Update - August 2009
August 2009
This edition focuses on three Department of Labor opinion letters that address how cost-cutting strategies like mandatory furloughs and reduced workweeks may affect an employee's exempt status under the Fair Labor Standards Act. It also updates pending North Carolina legislation that, if passed, would require private sector employers to use E-Verify to check the legal status of new hires.
Employment Law Alert - South Carolina Immigration Inspections: Is LLR Going too Far?
July 15, 2009
Since July 1, 2009, private employers in South Carolina with 100 or more employees have been subject to audits by the South Carolina Department of Labor, Licensing and Regulation (LLR) to check compliance with the South Carolina Illegal Immigration Reform Act (the Act).
Trade Allies Directory
July 15, 2009
The new edition of Southern Business & Development magazine features the "1st Annual Trade Allies Directory."
Nexsen Pruet is the only law firm listed in both North and South Carolina. What's more, Sanford Holshouser, the firm Nexsen Pruet joined forces with in January, also made the list in North Carolina.
Business Courts - Coming to a State Near You
Scott D. Marrs, Val H. Stieglitz, and James E. Rogers
July 2009
Scott D. Marrs, Val H. Stieglitz, and James E. Rogers look at business courts which are gaining renewed vitality during the current economic crisis.
LightSwitch - Intellectual Property Law Bulletin
July 1, 2009
This edition contains articles related to:
1. Trademark Protection in NC Under State Statutes
2. Using a Trademark in Commerce
3. Damages in Patent Cases, Part 2 of 3
Employment Law Update - July 2009
July 2009
This edition discusses the U.S. Supreme Court’s Gross v. FBL Financial Services, Inc. decision, which recognized a more stringent standard of proof for employees bringing claims under the federal Age Discrimination in Employment Act (ADEA). According to the Court, a plaintiff asserting a disparate-treatment claim under the ADEA must prove that age was the “but-for” cause of an adverse employment action, as opposed to a mere “motivating factor.”
Workouts and Forebearance Agreements
M. Jay DeVaney
While subprime residential loans led the way to the current financial and economic malaise, commercial real estate loans have in recent months been trending upward with respect to events of default....
Leasing Treatise - North Carolina Statutes
M. Jay. Devaney
In North Carolina, while residential landlord tenant relationships are subject to a strict statutory system, commercial landlord tenant relationships are generally governed by the lease between the parties and caselaw interpretation of leases, with a background statutory framework....
Employment Law Update - June 2009 Supplemental
June 25, 2009
Starting July 1, 2009, private employers in South Carolina with 100 or more employees
must comply with the employment verification requirements of the South Carolina Illegal
Immigration Reform Act.
Employment Law Update - June 2009
June 2009
This edition focuses on recent court decisions striking down restrictive covenants for being overly broad and highlights the need to narrowly tailor non-compete and non-solicitation agreements.
Construction Law Alert - Spring 2009
Steve Hedges
June 2, 2009
This alert addresses new developments by engineers, and other design professionals, to limit their liability for negligence. This is a topic that concerns everyone who provides or uses design services. It is also a topic on which the states cannot agree. Our purpose is not to publish the definitive word on anything, but, rather to open a discussion.
"Preparing Efficient and Effective Legal Descriptions"
Ann M. Cantrell
Paralegal Perspectives June 2009
Nexsen Pruet's Ann Cantrell authored an article entitled "Preparing Efficient and Effective Legal Descriptions" for the June 2009 edition of Paralegal Perspectives.
International Contracting and Dispute Resolution
David Dubberly Charleston
May 26, 2009
Nexsen Pruet attorney David Dubberly spoke at the 36th Annual South Carolina International Trade Conference in Charleston on May 26th. Dubberly led a seminar entitled “International Contracting and Dispute Resolution.”
Employment Law Update - May 2009
May 2009
This edition explains why many employers are seeking privileged legal compliance reviews of their compensation practices and documentation in the aftermath of the Lilly Ledbetter Fair Pay Act.
A brief video update on immigration compliance developments is available by clicking here. Then, click on the video entitled "Immigration."
LESSONS FROM BEIJING... How a Crisis Involving Substance Abuse Can Become an Opportunity
South Carolina Lawyer May 2009
Molly Hughes Cherry authored an article entitled "LESSONS FROM BEIJING... How a Crisis Involving Substance Abuse Can Become an Opportunity" for the May 2009 edition of South Carolina Lawyer magazine.
E-Verify Memo of Understanding
The Department of Homeland Security
April 22, 2009
This memo of understanding explains certain features of the E-Verify program...
Fiduciary Duty Newsletter - April 2009
April 15, 2009
The Nexsen Pruet Fiduciary Duty & Trade Secret Newsletter deals with topics of current interest in these two areas of the law that are critical to businesses and the people who manage, own, and direct businesses.
"Strategies for Avoiding Accord and Satisfaction Under North Carolina's Unfriendly Lock Box Laws";
Greg Higgins North Carolina Bar Association
30 Notes Bearing Interest 3 April 2009
Closely Held Business Interests and the Trustee's Duty to Diversify
W. Curtis Elliot, Jr. & Briani L. Bennett
Trust and Estates
LightSwitch - Intellectual Property Law Bulletin
March 31, 2009
This edition contains articles related to:
1) The Prioritizing Resources and Organization for Intellectual Property Act (a.k.a. PRO-IP Act)
2) Damages in Patent Cases, Part 1 of 3
3) Non-traditional Trademarks and Servicemarks
Employment Law Update - March 2009
March 2009
This edition describes the recently enacted Ledbetter Fair Pay Act, which extends the time period in which employees can pursue pay discrimination claims.
Employment Law Update - February 2009 - Special COBRA Edition
February 26, 2009
The economic stimulus law signed by President Obama on February 17, 2009, contains significant changes to COBRA, providing for a premium subsidy for eligible employees and also giving eligible individuals another chance to elect COBRA.
Top 10 Most Common Estate Planning Mistakes
James Duggan
February 24, 2009
Major Victories for City Priorities in American Recovery Conference Agreement: Report #2
Tom Cochran, CEO and Executive Director
The United States Conference of Mayors February 20, 2009
Major Victories for City Priorities in American Recovery Conference Agreement: Report #2
Stimulus Spending Breakdown by State and Category
February 20, 2009
Stimulus Spending Breakdown by State and Category
Major Victories for City Priorities in American Recovery Conference Agreement: Report #1
Tom Cochran, CEO and Executive Director
The United States Conference of Mayors February 13, 2009
Major Victories for City Priorities in American Recovery Conference Agreement: Report #1
Getting Started: Practical Tips for Establishing or Expanding Business in the USA
April Lucas
February 6, 2009
Nexsen Pruet attorney April Lucas authors an article entitled "Getting Started: Practical Tips for Establishing or Expanding Business in the USA."
The Famous Marks Doctrine: A Call for American Courts to Grant Trademark Rights to Famous Foreign Marks
Jeff Reichard Greensboro
Wake Forest Intellectual Property Law Journal February 5, 2009
Nexsen Pruet's Jeff Reichard authors an article about trademark law for the Wake Forest Intellectual Property Law Journal.
Employment Law Update - February 2009
February 2009
This edition summarizes laws and issues that can impact Carolinas employers when downsizing or otherwise reducing payroll or schedules.
Real Estate Developers and their Intellectual Property
Michael Mann
February 1, 2009
There is something magical about turning a parcel of raw land into a place where people live and raise their families, where businesses go about their business, or where people return for their vacations year after year.... A developer’s deed protects the real property. What protects the intellectual property?
Wind Pool Expansion in South Carolina: One Year Later
Molly H. Cherry
January 14, 2009
The January 2009 edition of South Carolina Business features an article written by Nexsen Pruet attorney Molly H. Cherry.
Employment Law Update - January 2009
January 2009
This edition summarizes key provisions of the new FMLA regulations, which will require substantial changes in employer policies and practices.
"Umbrella Policies: The Duty To Drop Down," 2009 Claims Conference, Property Loss Research Bureau/Liability Insurance Research Bureau, Seattle
Jim Bryan
2009
In re Wachovia Shareholder Litigation: The Case for the Common Benefit Doctrine, 84 N.C. L. Rev. 2066 (2006)
Taylor Stukes
An Overview of Chapter 11 for the Non-Bankruptcy Lawyer
Ben Kahn
Chapter 11 is an extremely complex process with a myriad of issues, deadlines, and procedures. This manuscript was written and is intended as a summary overview and to provide the reader with a general understanding of the Chapter 11 process. It is not intended to be a comprehensive list of all issues, procedures, and property rights that arise during any given Chapter 11 case. As with any issue arising in other bankruptcy chapters, a qualified bankruptcy practitioner should be consulted with respect to every Chapter 11 filing.
Intellectual Property Team Holiday Cards
December 14, 2008
Each year, Nexsen Pruet's Intellectual Property team creates holiday cards for clients and contacts. In the spirit of the holiday season, we take a look back at the cards from years past.
Video - "Employment Law: How Will the 2008 Election Impact You and Your Business?"
December 3, 2008
Employers can expect that efforts will be made to significantly change employment and labor laws and regulations over the next several months. Nexsen Pruet Employment and Labor Law attorneys David Dubberly, William Floyd, Cherie Blackburn and Mike Brittingham provide a briefing to help clients prepare for the changes.
Employment Law Update - December 2008
December 2008
2009 promises to bring many changes and challenges for employers and their human resources departments. This edition identifies employment and labor law compliance issues that can be addressed through audits and employee surveys, as well as policy reviews and training.
Criminal Fallout from The Financial Crisis
White-Collar Crime Fighter / www.wccfighter.com November 25, 2008
White-Collar Crime Fighter editor Peter Goldman interviews Billy Wilkins, head of Nexsen Pruet's White-Collar Crime, Appellate Advocacy, and Corporate Compliance/Crisis Management practice groups.
Employment Law Update - November 2008
November 2008
The EEOC has published new guidelines on religious discrimination.
Pouring the Water Cooler on Workplace Romance
Grant Burns
November 1, 2008
As long as men and women have worked together, there has been workplace romance. While all employers should prohibit harassment and discrimination, the question becomes whether, and to what extent, an employer should have an additional “fraternization” policy.
Co-Author, Copyright, Trademark and Trade Dress Litigation Model Jury Instructions
Gary Beaver
Published by American Bar Association Litigation Section (2008)
Fiduciary Duty Newsletter - October 2008
October 2008
This is the inaugural edition of a newsletter that intends to address two areas of business and commerce which are generating an increasing number of legal controversies. These areas are Fiduciary Responsibility and Trade Secrets.
Proposed Amendments to the FMLA Regulations will affect Physicians
Greensboro
October 8, 2008
The U.S. Department of Labor has proposed amendments to the Family and Medical Leave Act (FMLA) regulations, some of which will impact physicians.
Employment Law Update - October 2008
October 2008
This edition summarizes the ADA Amendments Act (ADAAA), which expands the protections against discrimination based on disability included in the Americans with Disabilities Act (ADA). The ADAAA in effect overrules U.S. Supreme Court decisions that narrowly interpreted the ADA.
The Latest on the South Carolina Immigration Reform Act
September 12, 2008
You can get the latest on the South Carolina Immigration Reform Act from immigration attorney Melissa Azallion.
Rural America Bond Program
August 13, 2008
The Spring 2008 edition of Carolina Farm Credit's Leader magazine features an article about the Rural America Bond Program. Nexsen Pruet lawyers originated the concept in 2005.
Employment Law Update - August 2008
August 2008
Misclassifying workers as independent contractors when they are really employees can result in significant tax and other legal liabilities. This edition discusses the factors that apply in determining whether or not a worker can be properly classified as an independent contractor.
2008 Immigration Update Video
July 16, 2008
Melissa Azallion recently led a seminar to update professionals about changes in Federal and South Carolina immigration law. Watch this video to learn more about: the details of this new law, E-Verify - the pros and cons of enrollment and new requirements for federal contractors, a thorough analysis of the SC Illegal Immigration Reform Act and how it will impact your business, and the importance of I-9 compliance in preparing for a federal or state audit.
Construction Law Alert - Summer 2008
David Senter
July 15, 2008
This Law Alert addresses the difficult issue of how to deal with price escalations in fixed price contract negotiations and claim resolution.
Employment Law Update - July 2008
July 2008
This month's edition points out some of the advantages and disadvantages of mandatory arbitration of employment disputes and provides suggestions for employers interested in implementing arbitration. This newsletter also contains a brief summary of the new Genetic Information Non-discrimination Act.
So You've Been Appointed State Bar Trustee - Where Do You Start?
Margaret Shea Burnham With Assistance From The North Carolina State Bar
Employment Law Update - June 2008
June 2008
The South Carolina Illegal Immigration Reform Act, signed into law by Gov. Sanford on June 4,2008, changes the legal landscape for employers doing business in the State by imposing new employment verification requirements and establishing penalties for noncompliance.
Immigration Update
June 2008
This Update summarizes immigration developments affecting employers in both Carolinas as well as all employers who are federal contractors.
The Gift of Education
Living In South Carolina June 2008
International Law Update
May 2008
This edition provides tips on anticipating and resolving disputes with international customers and suppliers.
Employment Law Update - May 2008
May 2008
This edition provides tips to help employers evaluate employment practices liability insurance policies.
Swapping Danishes With Home-Made Biscuits
Brad Waring
South Carolina Business May 2008
If you've noticed more tall, blue-eyed blondes with unique accents around town lately, it might be because "they ain't from around here." They're from Denmark.
2 Videos About Employment Issues
April 5, 2008
Employment Law Update - April 2008
April 2008
This edition analyzes an important court ruling relating to the drafting, interpretation, and enforcement of invention assignment clauses in employment agreements.
Top 10 Law Firms that Understand Economic Development
April 2008
Nexsen Pruet is named among the top law firms in the Southeast for economic development - and is the only law firm listed in South Carolina.
Premises Liability: The Exposure Your Business May Have Overlooked
Molly Hughes
IADC Business Committee Newsletter March 2008
Premises liability exposure arises in a variety of manners, from the slippery restaurant floor caused by food falling off the salad bar, to a wet floor at the bank’s entrance from the rain being tracked in by customers, to the attractive nuisance on a construction site created by building activities.
Overview And Update On Wind Pool Expansion In South Carolina
Molly Hughes
South Carolina Business Review Monthly March 2008
Earlier this year, South Carolina passed new legislation revising the system for providing windstorm insurance in the state. The new legislation is an effort to provide relief for some coastal home owners faced with exponentially increasing insurance premiums by impacting the private insurance market in such a way as to make insurance more affordable in the state.
Lawyers as Employers- Part 1
Molly Hughes
South Carolina Lawyers March 2008
Lawyers as Employers: Hiring, Firing and Everything in Between.
Employment Law Update - March 2008
March 2008
The federal appeals court with jurisdiction over the Carolinas concludes that claims by employees that are directly covered by the FLSA—such as overtime pay claims—must be brought under the FLSA and cannot be brought under state law causes of action that make it easier to sue and to recover punitive damages.
Another Big Year For Economic Development Incentives?
Burnie Maybank
South Carolina Business March 1, 2008
While it's early in the legislative session, a number of state tax and other economic development bills have been, or will be, introduced in the near future...
Employment Law Update - February 2008 - Special FMLA Edition
February 2008
On January 28, 2008, President Bush signed into law the National Defense Authorization Act for Fiscal Year 2008 (NDAA), which contains a provision amending the Family and Medical Leave Act (FMLA) for the first time since the FMLA was enacted in 1993. The NDAA amendment expands the FMLA for employees in military families.
Employment Law Update - February 2008
February 2008
This edition analyzes a recent lawsuit in which an employer accused a former employee of taking its customer lists and using them to compete with the employer. This edition also summarizes OSHA's new rule requiring employers to provide certain protective equipment to employees at the employer's expense.
Mount Vernon Mills et al. v. Hoechst Celanese, et al.
Nexsen Pruet obtains significant discovery sanctions against defendants in polyester staple fiber antitrust litigation.
Mount Vernon Mills et al. v. Hoechst Celanese, et al.
Nexsen Pruet defeats motion to dismiss filed by German companies alleging lack of jurisdiction in polyester staple fiber antitrust case.
Mount Vernon Mills et al. v. Hoechst Celanese, et al.
Nexsen Pruet wins huge settlement for its textile company clients in polyester staple fiber antitrust litigation against Hoechst Celanese and related companies.
Employment Law Update - January 2008
January 2008
This edition analyzes the recent decision of the National Labor Relations Board upholding an e-mail policy that prohibited employees from using the employer's e-mail system to send “non-job-related solicitations.” This Update also contains a Benefits Alert describing a new Equal Employment Opportunity Commission rule allowing employers to coordinate retiree health plans with Medicare.
Southern Business & Development - Ten Top 10s Issue
January 1, 2008
Alternative Incentive Structures for Local Governments
2008
The following paper summarizes some of the local government incentive measures that have been used in the last fifteen years of the evolution of incentives in North Carolina. There is no cookie-cutter approach to any of the types of incentives
summarized in the attached. Each deal must be tailored to fit the needs of the recruitment project, while protecting the fiduciary interest of the local government. Competent counsel should be consulted in any such incentive arrangement.
Legal Authority for Local Government Incentives
December 28, 2007
The following memorandum of law was prepared for a County in North Carolina which requested a memorandum outlining in some detail the legal and constitutional authority for local
governments to provide incentives to recruit industrial facilities. The name of the County has been deleted for confidentiality purposes.
Employment Law Update--December 2007 Special Immigration Edition
December 11, 2007
This edition gives a status report on the Department of Homeland Security's rule, announced in August 2007, addressing what employers should do upon receipt of a "no-match" letter from the Social Security Administration. Implementation of the rule was recently enjoined by a federal judge, and DHS is working on a revised rule. The article goes on to provide pointers on what employers can do in response to no-match letters pending publication of the revised rule.
Are We Worthy?
John F. Emerson
The SciTech Lawyer December 2007
As law firms become accustomed to handling more and more electronically stored information (ESI), many are discovering, if their clients have not already done so, that the security of their document husbandry is sometimes light years behind that of their clients.
Employment Law Update - December 2007
December 2007
The end of the year and the accompanying holidays often bring requests by employees for time off for the religious observances and requests to display religious symbols at work.
Legal Authority for Multijurisdictional Industrial Park Projects
Ernie Pearson
November 19, 2007
The following memorandum was prepared at the request of the County Attorneys, whose clients were in the early stages of considering a multijurisdictional industrial park project. The
names of the counties and the project have been deleted for confidentiality purposes.
Broad Overview of Estate Planning
2007
Estate planning is more than just the preparation of a Will. A comprehensive estate plan is an essential component of a client’s overall financial plan.
Cases Pertinent to Act No. 111 of 2007
October 2007
Article prepared for handout materials at South Carolina Bar CLE on September 7, 2007 and for handout materials at 31st Annual Educational Conference on Workers’ Compensation, October 22, 2007.
Employment Law Update - September 2007
September 2007
This edition analyzes a recent court decision that clarified how to apply the standard for summary judgment to claims alleging intentional infliction of emotional distress.
Construction Law Alert - August 2007
August 14, 2007
Retainage reform has come to North Carolina. The General Assembly has ratified Senate Bill 1245, entitled "An Act Amending the Laws Related to Retainage Payments on Public Construction Contracts."
Employment Law Update - August 2007
August 7, 2007
On July 3, 2007, a divided panel of the U.S. Court of Appeals for the Fourth Circuit reinstated a decision it rendered in 2005, but later vacated, that employers cannot enforce a release of claims under the Family and Medical Leave Act (FMLA) unless the release has been approved by a court or the U.S. Department of Labor (DOL).
Employment Law Update - Special Employee Handbook Edition
July 18, 2007
Under recent case law, policies about common workplace issues such as confidentiality, complaints, solicitation, and fraternization may violate employee rights protected by the National Labor Relations Act (NLRA) - regardless of whether the employees belong to a union.
Employment Law Update - July 2007
July 2007
On May 29, 2007, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 limits the damages an employee can recover when isolated discriminatory acts from the distant past result in disparity in the employee's current level of pay.
On July 25, 2007, Governor Sanford signed a bill that makes a number of changes to South Carolina workers' compensation system. Most of the changes apply to claims for injuries occurring on or after July 1, 2007.
Workers’ Compensation in South Carolina
July 2007
Published by South Carolina Chamber of Commerce. This series began in 1990. The most recent edition (the 5th) was published in July of 2007.
New Workers’ Compensation Legislation for South Carolina
2007
Article prepared for the South Carolina Workers’ Compensation Educational Association newsletter, Chronicles, Summer Edition, 2007.
Employment Law Update - June 2007
June 2007
On April 10, 2007, the IRS issued its final regulations interpreting the nonqualified deferred compensation requirements of Internal Revenue Code Section 409A. The 400 pages of regulations take effect on January 1, 2008. Employers should begin to plan for compliance by year-end because all plans and arrangements subject to Section 409A must be in full documentary and operational compliance by December 31, 2007.
Also, on May 25, 2007, President Bush signed legislation raising the federal minimum wage from the current $5.15 an hour to $5.85 an hour effective July 24, 2007; to $6.55 an hour effective July 24, 2008; and to $7.25 an hour effective July 24, 2009. This is the first increase in the federal minimum wage in ten years.
Don't Let Company Wellness Programs Throw HIPAA Out
Suzanne Guitar Odom
South Carolina Business June 1, 2007
Wellness programs appear to be the wave of the future. More and more companies are adopting wellness programs to control rising health care cost for their employees.
Employment Law Update - May 2007
May 2007
A plaintiff must ordinarily demonstrate replacement by someone outside his or her protected class to establish a prima facie case of employment discrimination. In Lettieri v. Equant, Inc., 478 F.3d 640 ) 4th Cir. 2007), however, the Fourth Circuit Court of Appeals recently recognized an exception to this requirement when the termination and replacement decisions were made by different people.
Property Insurance: Covered Causes of Loss and Excluded Perils
James W. Bryan
Chapter in Defense Research Institute publication entitled, Construction Defects Claims and Coverage May 2007
Dominant features of property insurance are the covered causes of loss and the excluded perils. This is true for commercial property policies including builders risk, as well as homeowners policies. These features are the focus of this chapter.
Employment Law Update - April 2007
April 2007
Are you tired of skyrocketing insurance costs? Do you control these costs without cutting back on the benefits your employees receive? Are you interested in making your employees more accountable for their health and the impact their health has on your insurance costs?
Amicus Curiae brief in the Supreme Court of North Carolina on behalf of the Trucking Industry Defense Association, North Carolina Farm Bureau Mutual Insurance Company, Inc., v. Terry Davis Armwood, Jr.; Et al.
April 2007
Less Paper, More Danger?
SC Lawyer March 2007
The U.S. Supreme Court approved amendments to the Federal Rules of Civil Procedure pertaining to discovery of electronically stored information (ESI) that took effect on December 1, 2006.
Rule 608 Civil Court Appointments: Does Unfunded Mean Unconstitutional?
SC Lawyer March 2007
How can the legal profession and the State equitably and responsibly balance the public service aspect of the profession with the business realities of lawyering?
Human Tissue Litigation: Where is the Injury?
Val H. Stieglitz & Angelica M. Colwell
International Association of Defense Counsel Committee Newsletter, No. 9 March 2007
Val H. Stieglitz & Angelica M. Colwell co-authored an article published in International Association of Defense Counsel Committee Newsletter, No. 9 entitled Human Tissue Litigation: Where is the Injury? (March 2007).
Employment Law Update - March 2007
March 2007
With the political shift in Congress, several important labor or employment laws may change significantly.
Building Inspections of Industrial Machinery - Building Code Council Order
March 2007
North Carolina is apparently unique among states, with which it regularly competes in economic development projects, by requiring that industrial machinery be subject to building code inspections.
Employment & Labor Law Desk Reference For The Carolinas
Employment & Labor Law Practice Group
February 2007
Employment Law Update - February 2007
February 2007
In Ross v. Ligand Pharmaceuticals, Inc (Dec. 21, 2006), the South Carolina Court of Appeals ruled that an employer's incentive compensation plan violated the South Carolina Payment of Wages Act because the plan did not provide a date certain when incentive payments would be made.
Employment Law Update - January 2007
January 2007
Amendments to Rule 26 of the Federal Rules of Civil Procedure pertaining to the exchange of electronic data during course of litigation went into effect on December 1, 2006.
Procurement Law Update - January 2007
January 2007
Procurement Laws Revamped: Changes impact how businesses do work with state and contract dispute process.
Summary of Act No. 111 of 2007
2007
Article distributed as handout at each of the presentations on workers’ compensation reform listed in the next section.
Job Development Credits, Jobs Tax Credits and Other Enterprise Zone Benefits - 2007
January 2007
This brochure highlights the principal benefits available to qualifying South Carolina businesses under the South Carolina Enterprise Zone Act, as modified by the Economic Development Industrial Cluster Act of 1996 and the Rural Development Act of 1996 (as so modified, and as amended, the “EZA”).
Negotiated Fees In Lieu of Taxes and Special Source Revenue Bonds/Credits in SC - 2007
January 2007
This brochure outlines the basic structure of the negotiated Fee in Lieu of Taxes ("FILOT") and Special Source Revenue Bond/Credit programs in South Carolina, each of which relates to property taxes for qualifying businesses.
Industrial Revenue Bonds in SC - 2007
January 2007
This brochure provides an overview of financing with industrial revenue bonds (“IDBs” or “bonds”) and presents the basic facts and concepts in simple terms.
South Carolina Nonprofit Corporate Practice Manual
January 1, 2007
Nexsen Pruet attorneys Jeanne Born and Burnie Maybank are two of the co-authors of a publication that is the only "one of its kind in South Carolina."
Local Government Incentives in North Carolina
Ernie Pearson
2007
This report gives an overview of the history of local government incentives in North Carolina.
Economic Development Financing Tools
Ernie Pearson
2007
This paper gives an overview of relevant considerations and possible financing structures for a local economic development program to finance the acquisition and development of an industrial/business park on its own, or in conjunction with other local governments through a multi-jurisdictional industrial park arrangement.
Employment Law Update - December 2006
December 2006
Now is the time for employers to make their holiday lists and check them twice. While it is the season to be jolly, it is also a time of year when employers face additional employment law concerns that arise from events unique to the holidays, including the company party and requests for time off. But with some advance planning, employers can start the new year on the right note.
Intellectual Property Update
November 2006
Defending Against Allegations of Anticompetitive Conduct and the DMCA
Gary L. Beaver
Intellectual Property Litigation November 16, 2006
Published by Intellectual Property Litigation Committee of ABA Section of Litigation (Fall 2006)
The DMCA provides a quick, inexpensive method of challenging a suspected copyright infringement.
Employment Law Update - November 2006
November 10, 2006
National Labor Relations Board's Recent Decision May Mean More "Supervisors" for Hospitals and Other Employers
How to Deal With Identity Theft: A Creeping Threat to Employers
John Emerson
October 17, 2006
It is no longer just a problem for financial institutions, credit entities and other companies whose business it is to store personal data about thousands or millions of people; employers, too, now face the risk of liability when the personal data of their employees falls into the wrong hands.
Employment Law Update - October 2006
October 12, 2006
On August 17, 2006, President Bush signed the 900-plus page Pension Protection Act of 2006 ("PPA"), putting in place many reforms to federal tax and employee benefit laws intended to strengthen the nation's private employer retirement system.
Employment Law Update - September 2006
September 14, 2006
General Statement to Human Resources May Put Employer On Notice of Sexual Harassment By Co-Worker.
Building Inspections of Industrial Machinery - Trial Brief
September 2006
North Carolina is apparently unique among states, with which it regularly competes in economic development projects, by requiring that industrial machinery be subject to building code inspections.
Employment Law Update - August 2006
August 7, 2006
U.S. Supreme Court Expands Anti-Retaliation Provision of Title VII
Internet Website Sales and the Proper Use of the Zippo Sliding Scale for Personal Jurisdiction
Gary Beaver
August 2, 2006
Published by Commercial & Business Litigation Committee of ABA Section of Litigation (Summer 2006)
Applying "old law" of personal jurisdiction to the "new ways" of doing business.
American Health Lawyers Association Practice Groups E-mail Alert
The U.S. House of Representatives passed a new pension bill (H.R. 4) late Friday, July 28th, which includes various provisions applicable to tax-exempt organizations.
It's Not Too Late in N.C. to Continue A UCC-1 Financing Statement After the June 30, 2006 Cut-Off Date!
Christy Myatt
July 28, 2006
Just in case you missed the June 30, 2006 cut-off date for continuing your UCC-1 financing statement, all is not lost.
Unemployment Compensation in South Carolina
Co-Authored by David Dubberly, Susie McWilliams, Angus Macaulay, Molly Hughes, Melissa Azallion, Nikole Mergo, John Emerson, James Leventis and Sue Odom
July 28, 2006
New for 2006! A detailed guide to one of the most complicated and confusing areas of employment law – unemployment compensation.
Employment Law Update - July 2006
July 11, 2006
Fourth Circuit Holds Employee Has No Automatic Right To Job Restoration Following FMLA Leave
Employment Law Update - June 2006
June 15, 2006
Recent Decisions Highlight Importance Of Background Checks for Employers
So You've Just Suffered A *!$%=&+^ Catastrophe: Does Your Insurance Cover Anything?
Stephen P. Groves, Sr. Charleston, SC
May 24, 2006
Stephen P. Groves of the firm's Charleston office presented this information at a National Business Institute Continuing Legal Education Seminar entitled "Insurance Coverage Trends." It deals with insurance issues for your homes, automobiles, personal property, and businesses.
Equitable Subrogation Principals: The "Made Whole" and "Full Compensation" Rules
Stephen P. Groves, Sr. Charleston, SC
ABA TIPS Insurance Coverage Litigation Committee Newsletter May 24, 2006
Stephen P Groves of the firm's Charleston office authored this article on insurance subrogation for the Spring 2006 issue of the American Bar Association's Tort Trial & Insurance Practice Section Insurance Coverage Litigation Committee Newsletter.
Supersedeas And Stays Of Judgment: South Carolina
Stephen P. Groves, Sr. Charleston, SC
ABA TIPS Appellate Advocacy Committee book May 24, 2006
In this chapter for "Stay Of Judgments: A National Survey," a book due out in 2006 from the American Bar Association's Tort Trial & Insurance Practice Section Appellate Advocacy Committee, Stephen P. Groves of the firm's Charleston office writes on exceptions to the "automatic stay" provisions in South Carolina.
Employment Law Update - May 2006
May 11, 2006
Worker Adjustment and Retraining Notification ("WARN") Act Liability And Entrepreneurial Companies
The Electronic Workplace: Blogs, Cybersmears and Similar Challenges
William H. Floyd III and James T. Hedgepath
South Carolina Lawyer May 2006
William Floyd of the Columbia office and Jamie Hedgepath of the Greenville office authored this article on the impact of technology on employers, employees, information security and privacy for the May 2006 issue of South Carolina Lawyer.
The Excess Insurer Lament: When Is The Primary Layer Exhausted?
James W. Bryan
The Fourth Circuit Weighs In Against The Excess Insurer - ABT Building Products Corp. v. National Union Fire Ins. Co. of Pittsburgh, 472 F.3d 99 (4th Cir. 2006) 2006
The South Carolina Workers’ Compensation Casebook
May 2006
Published by the South Carolina Self-Insurers Association. This series began in 1978. The most recent edition (the 8th) was published in May 2006.
Fourth Circuit Chapter in the Defense Research Institute's Spoliation of Evidence: A Compendium of State and Federal Law - 2006
Employment Law Update - April 2006
April 12, 2006
Fourth Circuit's ruling on reservation of rights clause highlights need for employers to review, analyze, and understand obligations under insurance policies
FMLA Regs Update
John Emerson Columbia
Spring 2006 issue of "Employment & Labor Law," a newsletter for the South Carolina Bar's Employment and Labor Law Section April 2006
John Emerson's article on Family and Medical Leave Act regulations appeared in the Spring 2006 issue of "Employment & Labor Law," a newsletter for the South Carolina Bar's Employment and Labor Law Section
Employment Law Update - March 2006
March 8, 2006
Immigration Law Reform: What It Will Mean To Employers in South And North Carolina
Hospital/Physician Joint Ventures: If You Can't Beat Them, Joint Venture With Them
SCHFMA Palmetto State News March 2006
Matthew Roberts of Nexsen Pruet's Columbia office and Mindy Staley of Nexsen Pruet's Charlotte office on the increase in joint ventures between hospitals and physicians. (SCHFMA Palmetto State News, March, 2006)
The Times They Are A Changin': Legal And Market Trends In The Insurance Industry
John W. Davidson Columbia
South Carolina Lawyers March 1, 2006
John Davidson practices in Nexsen Pruet's Construction Group out of the firm's Columbia office, examine trends within the insurance industry, including attempts by insurance carriers to limit or eliminate their exposure in this article published in South Carolina Lawyers Weekly.
Using Non-Reliance Clauses in Defense of Fraud Claims
R. Bruce Wallace, Christie Matthews
"The Business Suit," from the Commercial Litigation Committee of the Defense Research Institute March 2006
Bruce Wallace of the firm's Charleston office and Christie Matthews of the firm's Charlotte office co-wrote "Using Non-Reliance Clauses in Defense of Fraud Claims" for "The Business Suit," the email newsletter from the Commercial Litigation Committee of the Defense Research Institute.
North Carolina Chapter in the Defense Research Institute's Unfair Trade Practices: A Compendium of State Law - 2006
Top Ten Mistakes Clients Make In Electronic Discovery
Gary Beaver
Commercial and Business Litigation Committee of the Litigation Section of the American Bar Association February 6, 2006
Published on the web site of the Commercial and Business Litigation Committee of the Litigation Section of the American Bar Association.
Five Common Mistakes Lawyers Make In Electronic Discovery
Gary Beaver
February 6, 2006
Published on the web site of the Commercial and Business Litigation Committee of the Litigation Section of the American Bar Association.
Employment Law Update - February 2006
January 23, 2006
New military leave regulations clarify National Guard and Reserve obligations
Consumers' Right-to-Know: Maintaining Customers' Rights, Preventing Cyber Terrorism, and Preserving Banks as Part of Our Critical Infrastructure
Critical Infrastructure Protection Project: Workshop I Working Papers 2006
Employment Law Update - December 2005
December 12, 2005
U.S. Supreme Court Rules Employees Must Be Paid For Some Walking And Waiting Time In Connection With Putting On And Taking Off Protective Gear; North Carolina Alert: Wage & Hour Act Amended
Hospitals face challenges to tax-exempt status
Matthew Roberts and Mindy Staley
Charlotte Business Journal December 2, 2005
Read a story from the Charlotte Business Journal co-authored by Matthew Roberts of Nexsen Pruet's Columbia office and Mindy Staley of the Charlotte office on challenges to nonprofit hospitals' tax-exempt status.
Tax Exempt Hospitals: How to Survive in a Hostile Environment
Matthew Roberts and Mindy Staley
SC Healthcare Financial Management Association's "Palmetto State News" December 2005
Matthew Roberts of the Columbia office and Mindy Staley of the Charlotte office co-authored this article on how many hospitals should be reacting to increased scrutiny of and challenges to their nonprofit status.
Employment Law Update - November 2005
November 14, 2005
New South Carolina Unemployment Compensation Legislation Requires Specific Drug Testing Procedures; North Carolina Law Requires Similar Procedures
A Patent Primer for Chemists: What Scientists Need to Know about Patent Prosecution
Arthur S. Morgenstern Southeast and Southwest Regional Meeting of the American Chemical Society
November 2, 2005
Art Morgenstern, an attorney who practices out of Nexsen Pruet's Charleston office, details what scientists should know about patents, what records scientists should keep, and what they should bring to the patent attorney, along with economic considerations and patent strategy.
Employment Law Update - October 2005
October 1, 2005
Hurricane-Related Tax Breaks and Exemptions for Employers
Initiating an Anticybersquatting Case: Some Practical Considerations
Gary Beaver
Intellectual Property & Technology Law Journal, Vol.17, No.10 (Oct 2005) October 2005
Published by Intellectual Property & Technology Law Journal (Oct 2005)
Issues that have to be considered when challenging the use of a client's trademarked corporate or product name in an unauthorized domain name.
Negotiating Managed Care Contracts
Tim L. Hewson Columbia
Presented to South Carolina Oncology Managers Association September 22, 2005
Quarterly Employment Law Breakfast Briefing registration form
September 13, 2005
To register for a Nexsen Pruet Quarterly Employment Law Breakfast Briefing please complete this form and return to Kim Stoudemire by e-mail to KStoudemire@nexsenpruet.com or fax to (803) 253-8277.
Employment Law Update - September 2005
September 2005
"Private Releases of FMLA Claims Rejected" and "Benefits Alert - New HIPAA Compliance Requirements for Group Health Plans"
Employee Identify Theft: Employers Beware
Molly Hughes
riskVue.com September 2005
Learn more about employers' obligations and responsibilities under state and federal law.
Tax Exempt Hospitals: In the Fire and Under the Gun
Matthew Roberts and Mindy Staley
SCHFMA News September 1, 2005
Nexsen Pruet attorneys Matthew Roberts and Mindy Staley on standards under which tax-exempt hospitals must operate.
A Rose By Any Other Name: Is Your Contract Really A Contract?
Margaret Shea Burnham North Carolina Land Title Association
One of the often litigated issues in real estate contracts is whether a so-called "paper writing" amounts only to a non-binding "agreement to agree." The most troublesome agreements to agree are letters of intent which sound like they are non-binding, but may surprisingly be enforced in an action for specific performance. This paper looks at some of the factors to consider when interpreting whether a particular paper writing is (or isn't) a binding agreement.
IP Committee Chair: Technology Reshaping Upstate's Legal Market
Gregory Froom
South Carolina Lawyers Weekly August 8, 2005
Read about Sara A. Centioni, the incoming chair of the State Bar's IP and Unfair Trade Practices Committee. Sara practices out of Nexsen Pruet's Greenville office.
Employment Law Update - August 2005
August 2005
"North and South Carolina Supreme Courts Bolster Employment-At-Will Doctrine"
Immigration Legislation Could Make Hiring Easier in Some Industries
Jenifer Putnam
The Business Report & Journal July 11, 2005
Melissa Azallion of the Hilton Head office appeared in the Savannah Business Journal July 11-17 issue in a story on Congressional immigration reform legislation.
CLIENT ALERT: 2005 Amendment Reduces Risks Associated with Redeveloping Brownfields
July 6, 2005
The South Carolina Brownfields Voluntary Cleanup Program now provides additional liability protection for developers of contaminated lands.
Employment Law Update - July 2005
July 1, 2005
Learn what a Blog is, who Blogs and what happens when Blogs go awry. Also, learn about managing the electronic workforce and developing an electronic communications policy.
Waiver of Right of Arbitration Upon Participation in Litigation
James W. Bryan Greensboro, North Carolina
North Carolina Bar Association Newsletter "The Litigator" June 14, 2005
An examination of the circumstances under which a party may be found to have waived its right to arbitrate when having already participated in litigation.
Intellectual Property Update - June 2005
Nexsen Pruet Intellectual Property practice group
June 2005
Export Contracts
David A. Dubberly
Legal Aspects of Export Transactions
Don't Have a Loose Stick in that Bundle of Rights
Marcus A. Manos Columbia
May 20, 2005
A CLE seminar presented by the North Carolina Association of Realtors.
A Primer on South Carolina Tort Reform
J. David Black, Nikole Setzler Mergo
May 4, 2005
A look at the history and meaning of tort reform in South Carolina.
Employment Law Update - May 2005
May 2005
"Camera Phones Are Here ... Is Your Company Ready?" and "ERISA Compliance Alert: After-Tax Roth 401(k) Accounts Available in 2006"
Advanced Trial Advocacy In SC Pt. 2
Marcus A. Manos
National Business Institute April 10, 2005
Presented at the National Business Institute.
Advanced Trial Advocacy In SC Pt. 1
Marcus A. Manos
April 10, 2005
Presented at the National Business Institute.
Employment Law Update - April 2005
April 2005
"Whistlebower Wins Reinstatement And Money Damages"
Commercial Leases: A Company's Most Important Contract
W. Leighton Lord III
March 5, 2005
Many companies today do not give their leases the same respect they give commercial contracts. The problem is that most leases are far more important than the majority of contracts the company enters into. This article will attempt to address some of the basics of understanding and negotiating a commercial lease on behalf of a tenant. While many companies may be landlords, typically a company is a tenant. That being said, the issues raised in this article are of equal interest to a landlord.
Business Litigation Review - Punitive Damages
James Bryan
March 2005
The Business Litigation Review is offered as a service to Nexsen Pruet, PLLC clients and friends. This review covers punitive damages law in North Carolina and in South Carolina.
Contested Water-Testing Methods Pit State Against Feds
James Potter & John DeWorken
SC Lawyers Weekly March 2005
Attorney James Potter, who works out of Nexsen Pruet's Columbia office, and John DeWorken on the battle over the Aquatic Life Protection Act.
Employment Law Update - March 2005
March 2005
"DOL Offers Guidance on Several FLSA Provisions" and "Benefits Alert: USERRA Amendments Extend Continuation Coverage And Require New Notice To Employees"
SC Legislature addresses employee handbooks
William H. Floyd, III
South Carolina Business Journal, Vol. 24, No. 2 March 2005
Nexsen Pruet attorney William Floyd on the General Assembly's approach to employee handbooks in the Palmetto State.
Employment Law Update - February 2005
February 2005
"DOL Revises Child Labor Regulations" and "North Carolina Employer Alert - Protective Orders Now Available To Fight Workplace Violence"
What Should The Landlord Do If The Tenant Abandons The Premises?
David S. Pokela NC Bar Association Real Estate Section Seminar
Commercial Real Estate: Review of Selected Topics from a Legal and Business Perspective February 2005
A revised manuscript providing an analytical framework for evaluating the remedies available to landlords when tenants breach commercial leases. Mr. Pokela delivered it in 2005 at a National Business Institute seminar entitled "A Practical Guide to Commercial Eviction in North Carolina".
Recent Developments in Appellate Advocacy
Stephen P. Groves, Sr.
Tort Trial & Insurance Practice Law Journal, Winter 2005 Winter 2005
Employment Law Update - January 2005
January 2005
"Recent Business Immigration Law Changes"
Foreclosure of Mortgages in South Carolina
T. Eugene Allen
A detailed review of the procedure for real estate foreclosures in S.C.
Foreign Investors Face Few Restrictions in the U.S. - Part II
David Dubberly
The Hazards of Fire Retardant Treated (FRT) Wood
Bradish J. Waring
2005
This article discusses the use of inorganic salts as a treatment to render wood fire-retardant and the serious problems that arise from the process. --Fire Retardant Treated (FRT) Lumber or FR-S (per Underwriters Laboratories, Inc.)
Intellectual Property Beyond the Frontier
Michael A. Mann
January 1, 2005
Introduction to the Argentine Legal System
David E. Dubberly and Andrew Markus
Doing Business in Argentina
Legal Structure of Businesses - A Comparison
Julian Hennig III
Outline of characteristics of business entities.
Litigating Arbitration Clauses: Watch the Wording
Val H. Stieglitz
Managed Care Contract Issues
Matthew B. Roberts
2005
Common Sense About Home Office Overhead - Part I
Lawrence C. Melton
2005
Common Sense About Home Office Overhead - Part II
Lawrence C. Melton
2005
Pass Through Claims and the Severin Doctrine
Lawrence C. Melton
Construction Law Newsletter 2005
Patent Claims and the Claim Game
Michael A. Mann
Patents on Methods of Doing Business
Michael A. Mann
2005
Protecting Directors, Officers, Members and Volunteers from Liability
Ralph W. Barbier and Matthew B. Roberts
2005
A presentation for Public Charities in South Carolina.
Provisional Patent Applications
Michael A. Mann
Recent Supreme Court Decisions Favor Employers
Susan P. McWilliams
Planning a Reverse Exchange
J. James Duggan
2005
This article explains the sweeping new law that now allows reverse tax deferred exchanges for the sale of real estate.
Taking the Offensive Against a Mechanic's Lien
W. Leighton Lord III
The Marlboro Man is Worth How Much!?!? The Emerging Value of Intellectual Property
WC Legislation - What's in it for You?
Sam Painter
Risk and Insurance Management Society, Inc. 2005
Will the new ergonomics standard effect your business?
John Davidson and Leon Harmon
Beyond His Power to Build It: Who Is to Blame for the Overbudget Project?
Lawrence C. Melton and Brian A. Autry
The Construction Lawyer January 2005
Legal Malpractice and the Residential Real Property Practitioner
Margaret Shea Burnham and Edward P. Lord
This manuscript looks at malpractice as it relates to ethics and also looks at the ways an attorney may avoid malpractice by satisfying the attorney's standard of care.
Employment Law Update - November 2004
November 2004
"DOL's Sample Salary Basis Policy and Other Issues Under the New Overtime Pay Rules" and "Benefits Alert - Congress Enacts New Tax Rules For Nonqualified Deferred Compensation Agreements"
Corporate Law Update
October 2004
Employment Law Update - October 2004
October 2004
Time Is Money: Recovery of Liquidated Damages by the Owner
R. Harper Heckman and Benjamin R. Edwards
The Construction Lawyer Fall 2004
This article analyzes the obstacles facing an owner seeking recovery of delay damages and how these obstacles might be avoided through the use of "liquidated damages" provisions.
Valuation of Claims Secured by Liens on Property and Appraisal Testimony
T. Eugene Allen, III
South Carolina Bankruptcy Law Association Annual Meeting September 17, 2004
Employment Law Update - September 2004
September 2004
"Obligations To Employees On Military Leave" and "Immigration Alert: Dealing with the H-1B Cap"
Environmental Alert - September 2004
September 2004
Employment Law Update - August 2004
August 2004
"Non-Union Employees No Longer Entitled to Representation During Investigatory Interview" and "ERISA Compliance Alert: New Annuity Notice Requirements For Retirement Plans"
Intellectual Property Update - August 2004
Nexsen Pruet Intellectual Property practice group
August 2004
Equitable Considerations in Removal
Amy H. Geddes
South Carolina Lawyer July 1, 2004
Recent Case law around the country indicates that, like many things in the law, the answer to the removal question of "Is one year the final answer?" may not be black or white or yes or no, but now more a gray "maybe."
Employment Law Update - May 2004
May 2004
The U.S. Department of Labor (DOL) published final regulations revising the "white collar" overtime pay exemptions of the Fair Labor Standards Act (FLSA).
Intellectual Property Update - May 2004
Nexsen Pruet Intellectual Property practice group
May 1, 2004
Employment Law Update - April 2004
April 2004
Employment Law Update - March 2004
March 5, 2004
South Carolina General Assembly passes handbook legislation.
Employment Law Update - March 2004
March 2004
Legislature addresses employee handbooks
William H. Floyd, III
South Carolina Business Journal March 1, 2004
Intellectual Property Update - February 2004
Nexsen Pruet Intellectual Property practice group
February 2004
Conflict of Interest Credentialing
Matthew B. Roberts and Joseph M. Kahn
January 13, 2004
This article outlines the increasing need for a new hospital strategy, often referred to as conflict of interest credentialing or a modified version of economic credentialing, and discusses the implementation of this strategy.
Overtime Pay Rules Revised
David E. Dubberly and Nikole Setzler Mergo
2004
Recent Significant Environmental Justice Decisions
Winter 2004
Temporary Employees and Unionization: NLRB Returns to Certainty by Requiring Employer Consent
William H. Floyd, III
SC Lawyers Weekly 2004
Legal issues and liabilities relating to temporary employees.
The New South Carolina Employee Handbook Law: Frequently Asked Questions
David E. Dubberly and James C. Leventis
2004
The new law specifies under what circumstances employee handbooks as well as personnel manuals, policies, and other documents may not be considered contracts of employment.
The Next Big Challenge In Employment Law?
Reggie Belcher and William Floyd
SC Lawyers Weekly
Trade Dress Protection and Pet Rocks: Are Both Just History?
Marcus A. Manos
Trademark Searches
Michael A. Mann
What You Need to Know About State Land Sale Regulations
W. Leighton Lord III
When Fairness Can Lead to the Unfair: Preventing the Use of Tort Remedies for Breach of the Duty of Good Faith and Fair Dealing from Defeating Contractual Terms and Allocations of Risk
Marcus A. Manos
January 1, 2004
Who Owns the Invention?
Val H. Stieglitz
Law firm websites and personal jurisdiction
Work made for hire and the independent contractor
Michael A. Mann and D. Brain Shortell
South Carolina Lawyer
This article addresses the two routes of transferring ownership of copyrights from the independent contractor to the contracting party and the advantages of using the "work made for hire" route as opposed to an assignment of rights.
Marion Crane, Benjamin Porter, and Robert Taylor, Plaintiffs, v. International Paper Company and CWC of North Carolina, Inc., Defendants
Marguerite S. Willis, Val H. Stieglitz, Russell T. Burke, Jacquelyn L. Bartley
Economic Development from the Lenders Point of View
Alan Lipsitz
January 1, 2004
This outline is intended to raise and briefly discuss the most common forms of economic development incentives and the practical considerations or concerns of Lenders.
Job Development Credits, Jobs Tax Credits and Other Enterprise Zone Benefits - 2000
2004
This brochure highlights the principal benefits available to qualifying South Carolina businesses under the South Carolina Enterprise Zone Act, as modified by the Economic Development Industrial Cluster Act of 1996 and the Rural Development Act of 1996 (as so modified, and as amended, the "EZA").
North Carolina's Newest Economic Development Tool - Tax Increment Financing
Pat Brown
2004
The approval by North Carolina voters in 2004 of "Amendment One" to the State Constitution triggered the effectiveness of the North Carolina Project Development Financing Act.
Nexsen Pruet Application (Word)
Nexsen Pruet Application (PDF)
Employment Law Update - December 2004
November 2003
"Managing The Holidays"
"Contracts and Insurance Protections", American Law Firm Association's Transportation Practice Group Seminar, April 2003
August 27, 2003
Caveat Emptor And The Disgruntled Buyer
Margaret Shea Burnham and Edward P. Lord
2003
"Caveat emptor" literally translates to "let the buyer beware." This manuscript looks at the evolution of this common law doctrine in North Carolina and what it means to the North Carolina real estate lawyer. This manuscript does not cover statutory requirements or statutory disclosures that alter the common law doctrine.
Employment Law Update - June 2004
June 2003
"The New South Carolina Employee Handbook Law: Frequently Asked Questions" and "COBRA Compliance Alert - Final COBRA Notice Regulations Issued By DOL"
Review of The Public Construction Law Sourcebook
Lawrence C. Melton
Reviewed for the Construction Lawyer, the journal of the ABA Construction Law Forum Spring 2003
Just Exactly Where is That Petroleum Contamination Coming From?
James W. Bryan
Environmental News March 1, 2003
Just Exactly Where is That Petroleum Contamination Coming From?, Environmental News, North Carolina Bar Association, 2003
New Initiatives to Encourage Disclosure of Environmental Costs and Liabilities
Jeffrey S. Tibbals, William J. Walsh, and Marc D. Machlin
Daily Environmental Reporter January 23, 2003
This article describes the Environmental Protection Agency's environmental liability disclosure initiative and evaluates its risks and benefits and discusses some of the Securities and Exchange Commission disclosure issues, particularly in light of EPA's initiative and its focus on enforcement actions. This article also highlights provisions in the Sarbanes-Oxley Act of 2002 and the SEC implementing regulations that may affect the environmental disclosure controls and procedures of public companies.
Defending Against Foreign Nationals Suing in U.S. Courts For Injuries in Foreign Countries
Val H. Stieglitz
January 8, 2003
Employee Handbooks in South Carolina - To Have or Not to Have?
Melissa L. Azallion
January 1, 2003
Employee handbooks are commonplace in most work environments today. Two recent South Carolina Court decisions have whittled down the "employment at-will" doctrine leaving employers to ponder the following questions: Should an employer have an employee handbook?
Employment and Labor Law Alert - January 2003
David E. Dubberly
January 1, 2003
Time magazine's selection of three whistleblowers as Persons of the Year for 2002 illustrates the extent to which employee allegations of employer misconduct have dominated the news in recent months.
Foreign Investors Face Few Restrictions in the U.S. - Part I
David Dubberly
Important 2002 Revisions to the "Federal Rules of Appellate Procedure"
Stephen P. Groves
2003
On December 1, 2002, several important amendments to the Federal Rules of Appellate Procedure will become effective. These rule changes "shall govern in all proceedings thereafter commenced and, insofar as just and practicable, all proceedings then pending."
Review of Sticks & Bricks: A Practical Guide to Construction Systems and Technology
Lawrence C. Melton
Reviewed for the Construction Lawyer, the journal of the ABA Construction Law Forum Fall 2002
Employment and Labor Law Alert - November 2002
David E. Dubberly
November 1, 2002
This issue addresses holiday parties
and reminds employers they face potential liability for harm caused by employees who become intoxicated during the festivities.
Employment and Labor Law Alert - August 2002
David E. Dubberly
August 1, 2002
In the aftermath of Arthur Andersen's conviction for destroying documents related to its audit of the Enron Corporation, employers should make sure they are complying with the record retention requirements of employment and labor laws.
Employment and Labor Law Alert - March 2002
David E. Dubberly
March 1, 2002
The latest South Carolina employee handbook case points out the danger of using promissory language in discipline policies.
International Trade and Investment Report - March 2002
March 2002
International Trade and Investment Report - March 2002
March 2002
S.C. Workers' Compensation Appellate Decisions 3/9/00 to 3/26/01
Sam Painter
South Carolina Workers' Compensation Casebook [7th Edition. 2002] 2002
Brownfields Agreements: A Prospective Developer's Road to Success
James W. Bryan
Environmental News March 2002
Brownfields Agreements: A Prospective Developer's Road to Success, Environmental News, Vol. 13, No. 2, March, 2002
Employment and Labor Law Alert - February 2002
David E. Dubberly
February 1, 2002
On January 8, 2002, in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, the Court restricted the definition of disability under the Americans with Disabilities Act (ADA). One week later, on January 15, 2002, in EEOC v. Waffle House, Inc., the Court ruled that an arbitration agreement between an employer and an employee does not prevent the Equal Employment Opportunity Commission (EEOC) from pursuing victim-specific judicial relief on behalf of the employee.
Cost Comparison of Official Fees for Euro-PCT Application
John B. Hardaway III and Michael A. Mann
January 28, 2002
This schedule outlines the official fees through the EP Regional phase entry of an international (PCT) application filed with the RO/US. It compares the cost for an application which chooses the USPTO as ISA and IPEA to those for the same application where the EPO is the ISA and IPEA.
South Carolina Banking Law Update - January 2002
Laurie A. Becker South Carolina Bar Annual Meeting Corporate, Banking, and Securities Law Section CLE
January 2002
Employment and Labor Law Alert - January 2002
David E. Dubberly
January 1, 2002
This issue addresses a pressing concern for human resources managers--how to address issues raised by the growing Hispanic workforce.
Mediation of Intellectual Property Disputes
Michael A. Mann
2002
New Trade Law is Big Boost for Carolinas Economy
David E. Dubberly
Auto Exclusion in General Liability Insurance Policies
For the Defense, Vol. 43, No. 12, December, 2001 December 2001
The Saga Over MTBE Continues, Takes New Turn
James W. Bryan
Environmental News December 2001
The Saga Over MTBE Continues, Takes New Turn, Environmental News, Vol. 13, No. 1, December, 2001
Employment and Labor Law Alert - November 2001
November 1, 2001
Punitive Damages: The Bad News and the Good News From The U.S. Supreme Court.
International Trade and Investment Report - November 2001
November 2001
David v. Goliath - Negotiating a commercial lease on behalf of the tenant
W. Leighton Lord III
South Carolina Lawyer November/December 2001 November 2001
Outline: Charitable Gifts of Real Estate - Private Foundation Issues
Suzanne G. Odom
October 18, 2001
The outline provides a summary discussion of how the self-dealing excise taxes may be imposed when charitable remainder trusts and charitable lead trusts receive gifts of real property.
Employment and Labor Law Alert - October 2001
David E. Dubberly
October 1, 2001
Employer obligations to reservists and national guard personnel.
Managing Managed Care: Providers Fight Back Against HMOs
Ralph W. Barbier and Matthew B. Roberts
South Carolina Lawyer September/October 2001 September 2001
Article by Ralph W. Barbier, Esq. and Matthew B. Roberts, Esq. in SC Lawyer Magazine.
Cities Must Use 'Smart Growth' Intelligently
David S. Pokela
August 18, 2001
"Smart Growth" is a catch phrase for renewed interest in controlling land development. Although growth management techniques may be used for the good of the general public, most have a detrimental impact on the value of individual property owners' land.
DHEC Issues Emergency Swine Regulation
Tommy Lavender, Jr.
August 13, 2001
DHEC issued an Emergency Regulation affecting new or expanded large swine facilities which include financial assurance and compliance history requirements.
International Trade and Investment Report - August 2001
August 2001
Tax Incentives Newsletter 7/01
Burnet R. Maybank III, Esq.
July 26, 2001
Important tax incentives news for South Carolina.
Recent Significant Environmental Justice Decisions
W. Thomas Lavender, Jr., Esq.
July 20, 2001
A brief summary as of June 20, 2001.
State Tax Incentives Newsletter - July 2001
July 7, 2001
Employment and Labor Law Alert - July 2001
David E. Dubberly
July 1, 2001
Summaries of new court decisions affecting the way employers do business in the Carolinas.
Flu can be "Serious Medical Condition" under FMLA
David E. Dubberly
South Carolina Business Journal July 1, 2001
Everything You Ever Wanted to Know About the Elective Share
William G. Newsome III
June 15, 2001
Using Arbitration Clauses in Employment Agreements
David E. Dubberly
Greater Columbia Business Monthly June 2001
The Need for Capital
N. Randolph Scott and William S. McMaster
Executive's Business Guide as a Supplement to The State's Columbia Business Journal May 7, 2001
Co-authored article in a supplement to The State's Columbia Business Journal.
Relations strained between many providers, payors
Matthew B. Roberts, Esq.
April 23, 2001
An article by Matthew Roberts for The Business Journal of Charlotte published 4/23/01. It includes issues between providers and payors regarding provider disputes, prompt pay, and wrongful denials.
Environmental Issues in Real Estate Transactions
W. Thomas Lavender
prepared for the South Carolina Bar CLE Division Real Estate Section March 30, 2001
Emergency Regulation on Wetlands
W. Thomas Lavender, Jr.
February 15, 2001
The South Carolina Department of Health and Environmental Control (DHEC) filed an Emergency Regulation on Wetlands seeking to extend state jurisdiction over isolated wetlands as those areas were previously defined in the U.S. Army Corps of Engineers 1987 interim-final draft "Wetlands Identification and Delineation Manual."
The Enablement Requirement of 35U.S.C. 112
John B. Hardaway III Mid Winter Institute
January 29, 2001
The history of the enablement requirement 35 USC ?112, Clarification of one who is "skilled in the art," and when a specification must be enabling.
South Carolina Banking Law Update - January 2001
Laurie A. Becker
January 2001
Fee In Lieu of Taxes and Special Source Revenue Bonds/Credits in South Carolina 2000
April C. Lucas
2001
This brochure outlines the basic parameters of the Fee in Lieu of Taxes ("FILOT") and Special Source Revenue Bond programs in South Carolina, each of which has the net effect of reducing the burden of property taxes for qualifying businesses.
"High-Tech" Patents
Michael A. Mann
"2001 South Carolina Technology Review: Going High-Tech In South Carolina" 2001
Non-Disclosure Agreements in South Carolina
Michael A. Mann
2001
S.C. Workers' Compensation Appellate Decisions 3/8/99 to 3/8/00
Sam Painter
South Carolina Workers' Compensation Casebook [6th Edition. 2000] 2001
Title III of the ADA: More than an Employment Statute
Molly Hughes
January/February 2001 issue of South Carolina Lawyer. January 2001
Too Late to Patent? - The On Sale Bar
Michael Mann and Brian Shortell
January 1, 2001
Race-Conscious Admissions in Higher Education, 28 J.C. & U.L. 153 (2001)
Daniel C. Leonardi
Journal of College and University Law - National Association of College & University Attorneys 2001
Title III of the ADA: More than an Employment Statute
Molly Hughes
South Carolina Lawyer January 2001
July 26, 2000 marked the tenth anniversary of the Americans with Disabilities Act (ADA) of 1990, which was enacted to recognize and protect the civil rights of people with disabilities. To commemorate the anniversary the EEOC issued two major guidances and a status report....
Land Use Litigation Cases: The Thin Line Between Winning and Losing
David S. Pokela
NC Bar Association Land Use Regulation and Planning Seminar October 13, 2000
This paper explores the factual scenarios that lead to winning cases from the landowner/developer perspective.
Hot and Humid:
T. Eugene Allen, III
October 1, 2000
This article discusses coverage for EIFS (stucco) claims under a comprehensive general liability policy.
By the Way, is That a Good or a Service? Software Implementation Projects Litigation: Contracts with a Techno Twist
Marcus A. Manos
Presented at a Seminar sponsored by the S.C. Bar September 20, 2000
Unchartered Waters: The New Value Exception to the Absolute Priority Rule After La Salle
Julio E. Mendoza, Jr.
August 18, 2000
These materials discuss the unresolved status of the New Value Corollary to the Absolute Priority Rule, a device often used in Chapter 11 bankruptcy cases in regard to plan confirmation issues.
Self-Insured Retentions
James W. Bryan
American Law Firm Association's Transportation Practice Group Seminar, April, 2000 June 2000
Nexsen Pruet office locations
U.S. Court of Appeals Voids EPA Periodic Monitoring Guidance
W. Thomas Lavender, Jr., Esq.
May 2, 2000
On Friday, April 14, 2000, the U.S. Court of Appeals for the District of Columbia Circuit ruled that EPA circumvented its obligation to make major policy changes through formal rulemaking processes by seeking to expand monitoring activities under the Clean Air Act through the use of its 1998 Periodic Monitoring Guidance for Title V Operating Permits ('Guidance').
"Angel" Investors: Using the Internet in the Private Offering of Securities
Brian C. Bonner and Laura H. Huggins
South Carolina Lawyer May 2000
(South Carolina Lawyer, May/June, 2000)
Bankruptcy - Current Issues and Impact on Other Practice Areas
Julio E. (Rick) Mendoza, Jr.
April 13, 2000
Program for non-bankruptcy attorneys: Basic bankruptcy implications to consider.
Special Problems Relating to National Origin Discrimination
David E. Dubberly
From Labor and Employment Law for South Carolina Lawyers, Vol. II March 21, 2000
Managing Your Managed Care: Negotiation and Due Diligence
Matthew B. Roberts, Esq. and Bonnie Lovell, CHFP
February 1, 2000
An article on how providers can improve their managed care negotiation through due diligence and analysis of information about the payor.
Managing Your Managed Care
As printed in the Feb./Mar. 2000 issue of Tarheel News - The NC Chapter of the HFMA News Magazine. February 1, 2000
State Tax Incentives Newsletter - January 2000
January 2000
Will the new ergonomics standard affect your business?
John Davidson and Leon Harmon
Charleston Regional Business Journal, Sept.27 1999, p.20. September 29, 1999
To reduce the occurrence and cost of ergonomic disorders, OSHA intends to issue a standard governing ergonomics. Along those lines, OSHA has issued a draft proposed standard. The elements of this draft are discussed.
Managed Care: Are Physicians and Hospitals Friends or Foes?
Timothy L. Hewson and Matthew B. Roberts
NCHFMA August 1999
A presentation to the North Carolina Healthcare Financial Managers' Association (NCHFMA).
Persistent, Bioaccumulative, and Toxic Substances
Daniel J. Brown, Esq.
June 1, 1999
During the 1990s, industry, environmental regulators, and the public interest groups have begun to focus more attention on environmental and public health concerns posed by persistent, bioaccumulative, and toxic substances("PBTs").
Know the Visa Requirements Before Sending Personnel To Mexico
David E. Dubberly
Greater Columbia Business Monthly June 1999
A Primer on Software Litigation
Marcus A. Manos Presented at the Software Legal Issues Seminar
April 16, 1999
An introduction to common issues in computer litigation.
Conducting Discovery and Enforcing Judgments Abroad
Val H. Stieglitz
Reprinted with permission of the South Carolina Bar. From Legal Aspects of Export Transactions, Copyright, 1999 January 1, 1999
International Patent Protection: An Overview for the United States Applicant
John B. Hardaway, III
Reprinted with permission of the South Carolina Bar. From Legal Aspects of Export Transactions, Copyright, 1999 1999
An Overview for the United States Applicant
International Protection of Intellectual Property Rights
Marcus A. Manos
Reprinted with permission of the South Carolina Bar. From Legal Aspects of Export Transactions, Copyright, 1999 1999
An overview of issues of protection for trade secrets, trademarks, trade names, copyrights, patents, and domain names from infringement, pirating, and misappropriation which are vital concerns for a company involved in export and import activities.
Mediation and Arbitration
Val H. Stieglitz
Reprinted with permission of the South Carolina Bar. From Legal Aspects of Export Transactions, Copyright, 1999 1999
As an alternative to international litigation.
Structuring and Managing Contingent Worker Arrangements
David E. Dubberly
South Carolina Lawyer January 1999
Industrial Revenue Bonds in South Carolina - 2000
1999
This brochure provides an overview of financing with industrial revenue bonds ("IDBs" or "bonds") and presents the basic facts and concepts in simple terms.
Non-Compete Agreements Protect Competitive Edge, Too
David E. Dubberly
South Carolina Business Journal, December 1998
South Carolina Businesses Can Reduce the Risks of EPCRA Violations
Daniel J. Brown, Esq. and James W. Potter, Esq.
South Carolina Business Journal, September 1998 September 1998
Although the EPA has begun to pursue violations of the Toxic Release Inventory(TRI) reporting requirements much more aggressively in recent years, recently there have been several positive developments for industry that may lessen the impact of EPA's enforcement initiatives.
Non-Disclosure Agreements Protect Competitive Edge
David E. Dubberly
South Carolina Business Journal August 1998
Commercial Leases Are Negotiable
M. Jeffrey Vinzani
From the Law Journal, An Executive's Guide to the Law. A special supplement to the Charleston Regional Business Journal April 1, 1998
General information that tenants should understand before signing a lease.
What You Need to Know When One of Your Customers Files Bankruptcy
by Robert C. Byrd and Julio E. (Rick) Mendoza
From the Law Journal, An Executive's Guide to the Law. A special supplement to the Charleston Regional Business Journal April 1, 1998
Highlights a few important aspects of bankruptcy of which you need to be aware.
How to Get Sued
Paul A. Dominick
The Law Journal, An Executive's Guide to the Law - A special supplement to the Charleston Regional Business Journal 1998
What not to do when running a business.
Know Your Lawyer Before You Need Him
Neil C. Robinson, Jr.
From the Law Journal, An Executive's Guide to the Law - A special supplement to the Charleston Regional Business Journal 1998
Good advice for any business.
Liability from Employee Discharge
Thomas L. Stephenson
From the Law Journal, An Executive's Guide to the Law - A special supplement to the Charleston Regional Business Journal 1998
Predictable Problems in Selling Your Company
J. David Hawkins
From the Law Journal, An Executive's Guide to the Law - A special supplement to the Charleston Regional Business Journal 1998
What follows is a concise set of problems and issues that arise in nearly every sale of a business.
How to Sell Your Real Estate without Paying Any Tax
James Duggan
From the Law Journal, An Executive's Guide to the Law - A special supplement to the Charleston Regional Business Journal 1998
The technique is referred to as a tax-free like-kind exchange and has been used successfully for decades.
Sexual Harassment
Vickie Eslinger
From the Law Journal, An Executive's Guide to the Law - A special supplement to the Charleston Regional Business Journal 1998
Taking Mental Health Days Seriously
Brian F. Kernaghan and J. Michelle Childs
From the Law Journal, An Executive's Guide to the Law - A special supplement to the Charleston Regional Business Journal 1998
Mental Health falls under the ADA.
Brownfields- What Are They and Are They Important?
Leon C. Harmon and John W. Davidson
From the Law Journal, An Executive's Guide to the Law - A special supplement to the Charleston Regional Business Journal 1998
The new "Brownfields" initiatives and other similar programs may provide certain property owners and purchasers some relief from potential liability.
Whitfield v. Bank of Tokyo Trust
Harold W. Jacobs and David J. Parrish Charleston
January 1998
Application of South Carolina Frivolous Civil Proceedings Sanctions Act.
Is Your Company Competing Globally from South Carolina
David E. Dubberly
South Carolina Business Journal September 1997
Intellectual Property Law In Cyberspace
Marcus A. Manos The Annual Convention of the South Carolina Bar Association
An SC Bar Continuing Legal Education Presentation June 20, 1997
Basic Issues of Jurisdiction and Procedure in Intellectual Property
Marcus A. Manos
1996
An outline of basic jurisdictional and procedural issues common to intellectual property litigation.
Homeowners in the Workplace: Are Their Torts Covered? The Business Pursuits Exclusion
T. Eugene Allen, III and I. Rose Duggan
FICC Quarterly, vol. 45, no. 4, summer 1995 May 10, 1996
This paper examines the issues which surround the question of whether or not homeowner's insurance will cover a liability incurred while the insured is engaged in workplace activities.
When Giving Your Rep the Boot
David Dubberly
Export Today May 1996
Mexico's Labor Law: A Critical Business Issue
David E. Dubberly
Bobbin "Doing Business in Latin America" Supplement 1996
Alcohol Law: An Overview of “Tied House”
Dave Cannon
Tied house rules and regulations are restrictions and limitations on the relationships among wholesalers, manufacturers, importers and retail sellers of alcoholic beverages.
Spartanburg Regional Medical v. Oncology and Hematology Associates
SC Supreme Court
Opinion No. 26785
Nexsen Pruet attorney Jimmy Long argued and briefed in the South Carolina Supreme Court an eight-year-old case involving competing Certificate of Need applications for Cancer Radiation Therapy Centers.
LightSwitch - Intellectual Property Law Bulletin
LightSwitch - Intellectual Property Law Bulletin - Fourth Quarter, 2009 (Serbin)
“Antitrust Damages Under South Carolina Law”
South Carolina Damages, Second Edition, Chapter 2
"Antitrust Damages Under South Carolina Antitrust Statute"
South Carolina Damages Volume II, Chapter 2, 2004
Ashley II of Charleston Constent Agreement
Ashley II of Charleston, L.L.C. v. PCS Nitrogen, Inc.
3000 E. Imperial, LLC, v. Robertshaw Controls Co., et al.
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