Cherie Blackburn

Member
Charleston, South Carolina
Myrtle Beach, South Carolina
(T) 843.720.1728 (Charleston); 843.213.5401 (MB)
(F) 843.414.8236
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Practices
Practices

Industries
Industries

Cherie W. Blackburn has more than 20 years of experience advising clients and litigating cases in the areas of employment, trade secret, and trademark law. She assists clients and litigates claims involving:

  • harassment and discrimination
  • wrongful termination
  • wage and hour issues
  • restrictive covenants
  • trademark and copyright infringement
  • trade secret misappropriation

In addition, Ms. Blackburn advises clients on situations involving discipline, policies, investigations, and terminations.  She has provided extensive sexual harassment  and discrimination training to managers and employees.

Ms. Blackburn has experience as lead counsel in jury trials in both state and federal courts involving an array of employment issues, trademark infringement, copyright infringement and trade secret claims. She has litigated restrictive covenants in several courts throughout the country.

Ms. Blackburn is a certified mediator and has argued cases in federal and state courts and has been appointed as an arbitrator in the Court of Common Pleas for Charleston County.

In 2008 South Carolina’s Chief Federal Judge appointed Ms. Blackburn to chair the Merit Selection Panel for the Appointment of the Federal Magistrate in 2008.

Additionally, Ms. Blackburn writes and lectures on covenants not to compete and employment law issues.  She wrote "Covenants Not to Compete and Other Restrictive Covenants" a chapter in Labor and Employment Law for South Carolina Lawyers which was published by the South Carolina Bar.  She also wrote a law review article titled “Post-Employment Covenants Not to Compete in South Carolina: Wizards and Dragons in the Kingdom”, 42 S.C. L. REV., 1991; as well as “Covenants Not to Compete in Employment Agreements: Would Yours Survive?” which was published in South Carolina Lawyer Magazine.

Career Highlights
Career Highlights
  • Recipient of 2009 "Most Influential Women in Business" Award in the Executive Category - Charleston Regional Business Journal
  • Wachovia Advisory Board Member, Charleston
  • "Best Lawyers in America" - Employment & Labor Law since 2005
  • Chair of the Merit Selection Panel for the Appointment of the Federal Magistrate in 2008
  • Former Member, Board of Directors of the S.C. Women Lawyers Association
  • "Super Lawyers" - Employment Litigation: Defense / Intellectual Property Litigation since 2008
  • Judge, Charleston School of Law and SC Bar Moot Court Competitions
News
News

Publications
Publications
  • Recent Ruling that Class Action Waivers are Illegal Shows NLRB Remains Active
    On January 3, 2012, the National Labor Relations Board (NLRB) ruled that a class action waiver in a mandatory employment arbitration agreement is illegal.
  • I-9 Compliance: Avoiding Traps of New Federal Security Features
    A redesigned federal document is leading to confusion as businesses try to comply with the I-9 requirement.
  • Employment Law Update - January 2012
    As employers plan for 2012, the inherent risk posed by departing employees presents an opportunity to reevaluate measures used to protect confidential information and trade secrets from the high cost of misappropriation.
  • NLRB Delays Requirement for Employers to Post Pro-Union Notice
    On August 25, 2011, the National Labor Relations Board (NLRB) issued regulations requiring virtually all employers to post a large notice to employees informing them of rights under the National Labor Relations Act (NLRA), particularly their right to unionize. Employers must post the notice beginning April 30th, 2012.
  • Employment Law Update - December 2011
    The EEOC is processing a record number of charges and collecting record settlement amounts. It is pursuing an aggressive systemic enforcement program and focusing on hiring issues. In this edition we discuss what the EEOC is doing and some of the implications for employers.
  • 2011 Employment and Labor Law - Final Exam Answer Key
    Last week's final exam generated tremendous response from Nexsen Pruet clients and friends. Congratulations to our winners.
  • 2011 Employment and Labor Law - Final Exam
    It's time to test your knowledge of the current state of employment and labor law.
  • Pro-Union NLRB Presents Challenges to Employers: Employment Law Update - October 2011
    Recent pro-union decisions and proposed rules by the NLRB pose challenges for employers.
  • Wrongful Discharge Claims Limit Employment At-Will Doctrine in North and South Carolina: Employment Law Update - September 2011 Supplemental
    Employment in North and South Carolina is at-will, which generally means an employer can terminate an employee at any time without notice. However, both states have long-recognized exceptions to the employment-at-will doctrine, including provisions that an employee cannot be discharged for reasons that contravene the “public policy” of the state.
  • Employment Law Update - August 2011 Supplemental
    This edition is about a United States Supreme Court decision that illustrates the importance of using clear wording when drafting employee invention assignment agreements.
  • Employment Law Update - August 2011
    South Carolina and North Carolina have passed state immigration laws mandating employment verification and imposing penalties for failure to comply.
  • Employment Law Update - July 2011
    Employers are increasingly disciplining workers over misuse of social media. At issue in so-called “Facebook Firing” cases is whether terminating employees for making disparaging online posts, and having policies prohibiting such posts, violates federal labor law.
  • Employment Law Update - June 2011
    This edition analyzes the EEOC's new final regulations implementing the Americans with Disabilities Act Amendments Act of 2008.
  • Employment Law Update - May 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.
  • Employment Law Update - April 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.
  • Employment Law Update - March 2011
    A new U.S. Supreme Court decision allows third-party retaliation claims under Title VII.
  • Employment Law Update - February 2011
    This edition reviews inclement weather wage and hour issues.
  • Employment Law Update - January 2011
    Pregnancy discrimination claims are on the rise; and the NLRB proposes a mandatory pro-union poster for all employers.
  • Employment Law Update - 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.
  • Employment Law Update - November 2010
    This edition addresses the enforceability of non-competition agreements in the Carolinas.
  • Employment Law Update - 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.
  • Employment Law Update - September 2010 Supplemental
    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.
  • Employment Law Update - September 2010
    The U.S. Supreme Court continues to issue rulings favorable to arbitration agreements in the employment setting.
  • Employment Law Update - August 2010 Supplemental
    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
    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.
  • Employment Law Update - 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.
  • Employment Law Update - May 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.
  • Employment Law Update - 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.
  • Employment Law Alert: The HIRE Act and FICA Taxation of Severance Benefits
    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
  • Employment Law Update - 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.
  • Employment Law Update - 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.
  • Employment Law Update - 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
    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?

  • Employment and Labor Law: 2009 Rewind
    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
  • Employment Law Update - December 2009
    This edition addresses employment law issues arising from employee and employer use of online social networking sites.
  • Employment Law Update - 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
    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
  • Employment Law Update - 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 Update - 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.”
  • LightSwitch - Intellectual Property Law Bulletin
    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 - June 2009 Supplemental
    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
    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.
  • Employment Law Update - 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."

  • LightSwitch - Intellectual Property Law Bulletin
    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
    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
    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.
  • Employment Law Update - February 2009
    This edition summarizes laws and issues that can impact Carolinas employers when downsizing or otherwise reducing payroll or schedules.
  • Employment Law Update - January 2009
    This edition summarizes key provisions of the new FMLA regulations, which will require substantial changes in employer policies and practices.
  • Video - "Employment Law: How Will the 2008 Election Impact You and Your Business?"
    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
    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.

Events
Events
 Education
Education
  • Oxford College, A.A., 1982
  • Emory University, B.A., 1983
  • University of South Carolina School of Law, J.D., 1987
Bar & Court Admissions
Bar & Court Admissions
  • South Carolina
  • United States Supreme Court
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. District Court, District of South Carolina
Civic & Professional Memberships
Civic & Professional Memberships
  • Board Member, Goodwill Industries of Lower South Carolina
  • Former President and Board Member of the Dee Norton Lowcountry Children's Center
  • South Carolina Bar Employment and Labor Law Section
  • Former Member of the House of Delegates of the S.C. Bar
  • American Bar Association
  • Former Chair of the Labor and Employment Law Committee & the Intellectual Property Law Committee of the Young Lawyers Division
  • Charleston County Bar Association
  • The South Carolina Defense Trial Attorneys' Association (Employment Law Committee)
  • South Carolina Women Lawyers