Archived Publications
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 Courtapproved 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?
Employment Law Update - March 2007
March 2007
With the political shift in Congress, several important labor or employment laws may change significantly.
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
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
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.
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
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
"Top Ten Mistakes Clients Make In Electronic Discovery" was 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
"Five Common Mistakes Lawyers Make In Electronic Discovery" was 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 Journal, Vol.17, No.10 October 2005
Gary Beaver examines the issues that have to be considered when contemplating a lawsuit challenging the use of a client's trademarked corporate or product name by another party.
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.
The Bankruptcy Reform Act of 2005 - Unlocking the Mystery
Nexsen Pruet Bankruptcy Practice Group
September 2005
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 much operate.
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 - March 2005
James Bryan
March 2005
The Business Litigation Review is offered as a service to Nexsen Pruet Adams Kleemeier, PLLC clients and friends and will be published on a periodic basis. 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
Attoney 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
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
Timber landowners from North and South Carolina obtained certification of a class action lawsuit against International Paper (IP) and one of its suppliers, charging widespread price fixing of pulpwood timber in violation of the federal antitrust laws. The action was settled with significant recoveries for class members.
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
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
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
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
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
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
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:
Brian C. Bonner and Laura H. Huggins
South Carolina Lawyer May 2000
As the need for additional funding arises, entrepreneurs look to wealthy and sophisticated strangers, or "angel" investors, but this avenue will only be lucrative if the enterprise is able to attract angels' interest.(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.
Apportionment of Liability
Russell T. Burke
South Carolina has laws surrounding apportionment of tort liability that are, at best, unclear. This article addresses the confusion in an effort to ensure that you do not pay more than your fair share.
Conducting Discovery and Enforcing Judgements 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
Deficiency Judgements in Foreclosure Actions
T. Eugene Allen, III
November 14, 1995
A primer of the requirements when the foreclosing client seeks a money judgment after the foreclosure sale.
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