 Practices
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Cherie W. Blackburn has more than 20 years of experience advising clients regarding employment issues and litigating employment related lawsuits. She assists clients and litigates in a variety of areas including:
- wrongful termination
- Title VII harrassment and discrimination
- retaliatory discharge
- Family and Medical Leave Act
- Americans with Disabilities Act
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 also represents clients in protecting their intellectual property rights and has been lead counsel in jury trials involving trademark infringement, copyright infringement and trade secret claims.
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 litigates covenants not to compete and lectures about employment law. 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
- 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
- Chair of the Merit Selection Panel for the Appointment of the Federal Magistrate in 2008
- Board of Directors of the S.C. Women Lawyers Association
 News
 Publications
- 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
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 Education
- Oxford College, A.A., 1982
- Emory University, B.A., 1983
- University of South Carolina School of Law, J.D., 1987
 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
- President 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
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