Publications
Search publications by practice and/or author below. Scroll down the page to peruse publications authored by Nexsen Pruet attorneys.
2012 Employment and Labor Law Final Exam Answer Key
December 18, 2012
We received a great response to the 2012 Employment and Labor Law Final Exam. Thanks to all of our clients and friends who participated this year.
S.C. Supreme Court Upholds Confidentiality and “Holdover” Inventions Assignment Clauses in Employment Agreement
David Dubbery
MidlandsBiz.com  December 18, 2012
In its most significant employment law decision of 2012, Milliken & Co. v. Morin, the South Carolina Supreme Court addressed the enforceability of provisions in an employment agreement designed to protect the employer’s intellectual property from unfair competition.
Practical Guide to Commercial Real Estate in South Carolina
Ed Menzie, Tommy Lavender, Joan Hartley
South Carolina Bar December 17, 2012
Nexsen Pruet attorneys Ed Menzie, Tommy Lavender and Joan Hartley are contibuting authors for the newly published book.
2012 Employment and Labor Law Final Exam
December 4, 2012
As 2012 comes to a close, it is time to put your employment and labor law knowledge to the test with Nexsen Pruet’s second annual final exam. We will send out answers to the exam in two weeks.
Employment Law Update: Employers Face FCRA Update Deadline of January 1, 2013
November 29, 2012
Effective January 1, 2013, there is a new form that employers must provide prospective or current employees when conducting background checks subject to the Fair Credit Reporting Act (FCRA).
State Economic Development Incentives for the Agribusiness Industry
Columbia
November 14, 2012
Nexsen Pruet and the Palmetto AgriBusiness Council hosted a State and Economic Development Incentives Seminar for the Agribusiness Industry on Friday, November 2nd in Columbia.
Employment Law Update: Recent Cases Address Employer Efforts to Protect Confidential Information
November 5, 2012
In recent months, both the Fourth Circuit Court of Appeals, which has jurisdiction over federal cases in North and South Carolina, and the South Carolina Supreme Court have addressed the issue of protecting trade secrets and confidential information.
"An Unfortunate Surprise: When an Arbitration Agreement Exposes Your Client to the Threat of Litigation in Perpetuity"
Val H. Stieglitz & Matthew S. DeAntonio
IADC Committee Newsletter - Alternative Dispute Resolution November 5, 2012
Nexsen Pruet attorneys Val Stieglitz and Matt DeAntonio authored an article detailing how a string of State court
appellate opinions have turned the predictability of arbitration "on its head."
LightSwitch - Intellectual Property Law Bulletin
Michael Mann and Corby Anderson
4th Quarter - Vol. 4; No. 3 October 23, 2012
This edition contains the following articles:
"Intellectual Property is Warware for Market Share" by Michael Mann and "Seven Tips for Protecting Your Intellectual Property in the Age of Social Media" by Corby Anderson
"Meeting Your Duties Regarding Electronically Stored Information"
Gary L. Beaver
The Brief - Fall 2012 - Vol.42, No. 1 October 17, 2012
Nexsen Pruet attorney Gary Beaver authored this article for the ABA Tort Trial & Insurance Practice Section.
"Can Foreign Companies Pursue Claims in American Courts for Anticompetitive Conduct by American Companies Occurring Abroad?"
Val Stieglitz and Sima Patel
IADC Committee Newsletter - International, October 2012 October 8, 2012
Nexsen Pruet attorneys Val Stieglitz and Sima Bhakta Patel author an update on litigation developments involving the Sherman Act and the Foreign Trade Antitrust Improvement Act.
Seminar Materials - Incentives for Real Estate Developers
Nexsen Pruet Columbia Office
These presentations and materials are from the Nexsen Pruet Economic Development Seminar held on October 5, 2012, "Incentives for Real Estate Developers".
Employment Law - Business Immigration Update
October 3, 2012
Over the past few months, there have been several immigration developments that could have a significant impact on businesses in North and South Carolina. This update summarizes the key developments for employers.
Opinion Letters – Do's and Don'ts (Ethics, Professionalism and Malpractice Avoidance)
Margaret Burnham Volume 34; Number 1
Real Property e-newsletter, The Official Publication of the Real Property Section of the North Carolina Bar Association September 2012
The Real Property Section of the North Carolina Bar Association published an article on opinion letters by Nexsen Pruet attorney Margaret Burnham in their September newsletter.
Employment Law Update - Employers Beware: NLRB Challenges Established HR Practices
September 5, 2012
The National Labor Relations Board (NLRB) has issued a number of recent opinions questioning and, in some instances, invalidating common employer practices and policies on the grounds of protecting employee rights under Section 7 of the National Labor Relations Act (NLRA). The impact of these decisions on handbook disclaimers and investigative procedures is addressed below.
Employment Law Update - Patient Protection and Affordable Care Act: Upcoming Deadlines Require Employer Action
August 20, 2012
After months of anticipation and seemingly endless public debate, the U.S. Supreme Court announced its decision
upholding the key individual mandate provision of the Patient Protection and Affordable Care Act (PPACA). While the
significance of the decision cannot be overestimated, the real import is its practical effect on employers.
"An Imperfect but Honorable Legacy: A Brief Survey of Cases Following Gideon v. Wainwright"
Will Terpening Charlotte
August 9, 2012
Nexsen Pruet attorney Will Terpening authored an article entited "An Imperfect but Honorable Legacy: A Brief Survey of Cases Following Gideon v. Wainwright." It appeared in the The National Association of Criminal Defense Lawyer's June 2012 issue of The Champion magazine.
Client Alert: Act Now or Pay More Taxes
Robert Lyerly
August 8, 2012
Nexsen Pruet’s Estate Planning and Wealth Transfer Planning team is encouraging clients to consider making a gift of part or all of their estate exclusions now, or risk paying much more in taxes in the future.
Construction Law Alert: A Guide To North Carolina’s 2012 Mechanic’s Lien And Bond Law Changes
Greg Higgins and Eric Biesecker
July 16, 2012
Nexsen Pruet construction attorneys, Greg Higgins and Eric Biesecker, co-authored a guide to help contractors understand the new 2012 changes to the North Carolina lien and bond laws.
The Smith-Leahy America Invents Act: Implications for a Global IP Strategy
Mike Mann University of South Carolina Moore School of Business
July 9, 2012
Nexsen Pruet attorney Michael Mann guest lectured on the new patent act in the context of growing intellectual property law harmonization to the Professional International MBA Program at the Moore School of Business on July 9, 2012.
LightSwitch - Intellectual Property Law Bulletin
Michael Mann and Townsend Belser
3rd Quarter - Vol. 3; No. 4 June 28, 2012
This edition contains the following articles:
- The Venture Capitalist Said "Protectable IP" by Michael Mann
- Challenging Issued Patents After September 16, 2012 by Townsend Belser
Client Alert: EPA Proposes Changes for Cooling Water Intakes at Power, Manufacturing and Industrial Facilities
James Potter
June 28, 2012
The Environmental Protection Agency has proposed new standards for cooling water intake structures at all existing power generating facilities as well as existing manufacturing and industrial facilities. The June 11, 2012 rulemaking comes as part of the EPA’s implemention of section 316(b) of the Clean Water Act (CWA).
New Surface Water Permitting Regulation Go Into Effect in South Carolina
James W. Potter Columbia
June 14, 2012
In 2010, the General Assembly passed the South Carolina Surface Water Withdrawal, Permitting, Use and Reporting Act. The effective date of the subsequent regulation is June 22, 2012. The purpose of the permitting program is to preserve minimum water flows in surface bodies of the state and to regulate the interbasin transfer of water between river basins.
Client Alert: South Carolina Legislature Acts to Protect Businesses from Citizens Lawsuits
Columbia
June 14, 2012
On June 6, 2012 South Carolina’s General Assembly ratified and Governor Nikki Halley signed into law a bill that repeals a 2011 ruling from the State Supreme Court. In Georgetown County League of Women Voters v. Smith Land Co., 393 S.C. 350 (2011), the court ruled that private citizens are allowed to file lawsuits to enforce the Pollution Control Act. That ruling was a big concern for businesses that anticipated a spate of new, perhaps frivolous, lawsuits.
Selected Issues Regarding Spec Industrial Parks and Mega Sites
Burnie Maybank
June 8, 2012
On June 8, Burnie Maybank made this presentation the Economic Development Seminar held at Nexsen Pruet's Columbia office.
Financing Options for Public Infrastructure Serving Industrial/Business Parks
April Lucas
June 8, 2012
On June 8, April Lucas spoke on "Financing Options for Public Infrastructure Serving Industrial/Business Parks" at the Economic Development Seminar held at Nexsen Pruet's Columbia office.
Fee-in-Lieu of Tax ("FILOT") and Spec Industrial Parks
June 8, 2012
On June 8, Tushar Chikhliker presented this information at the Economic Development Seminar held at Nexsen Pruet's Columbia office.
Summary of OIG Advisory Opinion 12-06: Issued May 25, 2012, and posted June 1, 2012
Written by Joe Kahn; reviewed by Claire Turcotte*
American Health Lawyers Association June 6, 2012
Nexsen Pruet attorney Joe Kahn drafted and Bricker & Eckler attorney Claire Turcotte reviewed this summary of Advisory Opinion 12-06 from the Department of Health and Human Services' Office of Inspector General.
New Rule Makes “Reasonable Factors Other Than Age” Defense More Difficult for Employers
June 5, 2012
On March 29, the Equal Employment Opportunity Commission issued a final rule making it more difficult for
employers to establish a “reasonable factor other than age” defense for disparate impact claims under the Age Discrimination in Employment Act.
A Trap for the Unwary Single-Member LLC: Why a Properly Worded Operating Agreement is Necessary
Jay Hennig
June 4, 2012
The death of the sole member of a single-member LLC may result in the LLC being forced to dissolve. Even if the next generation desires to continue the business after the death of the single member, they may not be able to do so....
"Trade Secrets and Non-Competes – A Compendium of State Law"
Gary Beaver, Regional Editor
DRI Commerical Litigation Committee May 31, 2012
Nexsen Pruet attorney Gary Beaver is working to educate business attorneys about how recent changes in state laws could impact litigation. Beaver is a regional editor for "Trade Secrets and Non-Competes – A Compendium of State Law", a new publication from the Commercial Litigation Committee of DRI - The Voice of the Defense Bar.
Construction Law Alert: North Carolina to Enforce Attorney Fees Clauses
John Mabe
May 2012
Construction law attorney, John Mabe, shares insight on the change in North Carolina Legislature regarding contractual provisions calling for the payment of attorney fees not being enforceable in court or arbitration.
Recent Guidelines for Employers of Active Duty & Veteran Service Members
May 16, 2012
The Equal Employment Opportunity Commission (EEOC) has issued timely and relevant guidance for employers addressing protections afforded veterans under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Americans With Disabilities Act (ADA).
South Carolina Certifies Corps' Nationwide Permits
Tommy Lavender Columbia
May 15, 2012
The people of South Carolina now have certainty about the availability of 2012 Nationwide Permits (“NWPs”).
On April 23, 2012, the South Carolina Department of Health and Environmental Control (“DHEC”) issued its 401 Water Quality Certification and Certification of Consistency with the South Carolina Coastal Zone Management Act for each of the Corps of Engineers’ 2012 Nationwide Permits. Those became effective March 19, 2012.
Book Review: Spinning the Law: Trying Court Cases in the Court of Public Opinion
By Kendall Coffey; Reviewed by Will Terpening
The Champion May 8, 2012
Nexsen Pruet white-collar crime defense attorney, WiIl Terpening, shares insight on Kendall Coffey's Spinning the Law: Trying Cases in the Court of Public Opinion with the National Association of Criminal Defense Lawyers publication, The Champion.
South Carolina Asbestos Judge: Fourth Circuit’s Lorhmann Standard Applies in Mesothelioma Case
Mike Jordan
April 3, 2012
Mike Jordan shares insight on a ruling in a South Carolina asbestos case that states the burden a plaintiff must meet, regardless of the disease.
LightSwitch - Intellectual Property Law Bulletin
Mike Mann & Amy Allen Hinson
2nd Quarter, 2012 April 2, 2012
This edition contains the following articles:
- Alternative Dispute Resolution and The America Invents Act
By Michael A. Mann
- Wake-Up Start-Up: A Start-Up and Small Business Patent Strategy for the Future?
By Amy Allen Hinson
Bankruptcy Ruling Helps Subcontractors and Suppliers in North Carolina
Jeff Reichard
April 1, 2012
A new ruling in North Carolina is good news for subcontractors and suppliers. On March 14, 2012, the Honorable Randy D. Doub, Chief Judge of the United States Bankruptcy for the eastern District of North Carolina, ruled that neither the post-petition service of claims of lien on funds nor the filing of claims of lien on real property by subcontractors and suppliers violates the bankruptcy automatic stay.
Akerman/Mackrell International Latin American Business Initiative
David Dubberly Miami, FL
March 21, 2012
Nexsen Pruet attorney David Dubberly told members of an international law firm network about the Carolina's economy, which has grown to become the 19th largest in the world -- behind Indonesia and ahead of Switzerland.
Keep Your Ears Peeled: Employment Law Update on the FLSA's "Anti-retaliation" Provision
March 21, 2012
In this issue we describe and discuss a recent federal appeals court decision concluding that internal complaints about pay may be protected by the FLSA’s anti-retaliation provision.
Multi-state Taxpayers in South Carolina, Take Note
Rick Reames & Jim Rourke Columbia
March 16, 2012
Businesses operating as multi-state taxpayers in South Carolina should take note of a recent ruling by the state’s Court of Appeals.
In CarMax Auto Superstores West Coast, Inc. v. South Carolina Department of Revenue, Op. No. 4953 (filed March 14, 2012), the court reversed an Administrative Law Court (“ALC”) decision.
Employer’s Desk Reference for the Carolinas
March 7, 2012
The firm’s Employment and Labor Law Group produced the informational publication, which provides a general guide to some of the issues that human resources professionals and managers face on a daily basis.
Debunking the Myth of the One-Year Warranty
Harper Heckman Greensboro, NC
March 6, 2012
Nexsen Pruet construction attorney Harper Heckman examines one of the most common misconceptions among even sophisticated contractors and subcontractors.
No Other Alternative: Challenging Plaintiff’s Proof of Reasonable Alternative Design
Elbert Dorn
International Assocation of Defense Counsel, Product Liability Committee Newsletter March 1, 2012
In the February 2012 edition of the International Association of Defense Counsel’s Product Liability newsletter, Nexsen Pruet attorney Elbert Dorn “provides tips to the defense practitioner on aggressively pressing legal and factual points to test plaintiff’s proof of a reasonable alternative design in design defect claims.”
Real Estate Alert - Understanding Your South Carolina Property Tax Bill and Deciding Whether to Appeal
Andrew Colvin
February 27, 2012
Andrew Colvin helps property owners better understand South Carolina property taxes and whether to appeal them.
Real Estate Alert - Preparing for the 2012 NC Property Tax Revaluations
Brian Pearce
February 16, 2012
Brian Pearce shares five important things you need to know about the North Carolina property tax appeal process.
Global Supply Management Legal Issues, Contracts and Ethics
Charleston
Institute for Supply Management Winter 2012
Nexsen Pruet attorney David Robinson led a presentation at the Institue for Supply Management's Global Supply Management Issues Conference in Charleston, SC.
Is Tax Reform Headed to South Carolina?
Rick Reames
February 14, 2012
This year could be a pivotal one for tax reform in South Carolina. The Governor, Legislature and Supreme Court are each taking steps that could have a major impact on how the Palmetto state generates and collects revenue.
Construction Law Alert: "Later is Never the Right Time to Check Your Insurance"
John Davidson
Winter 2012
John Davidson discusses the importance of having the appropriate insurance coverage for your construction project.
Employment Law Update: Romance in the Workplace: You, Me and our Employer?
February 10, 2012
As Valentine's Day approaches, here are some interesting facts for employers to consider.
Avoiding Lawsuits over False Advertising on the Internet
Gary Beaver
ABA Commercial & Business Litigation Committee newsletter Vol. 13 No. 1; ABA In-House Litigator Vol. 26 No. 1 Winter 2012
Nexsen Pruet attorney Gary Beaver authored an article entitled "Avoiding Lawsuits over False Advertising on the Internet" that was published in a newsletter from the American Bar Association Commercial & Business Litigation Committee as well as the Winter 2012 edition of the ABA Publication, In-House Litigator.
Recent Ruling that Class Action Waivers are Illegal Shows NLRB Remains Active
February 6, 2012
On January 3, 2012, the National Labor Relations Board (NLRB) ruled that a class action waiver in a mandatory employment arbitration agreement is illegal.
LightSwitch - Intellectual Property Law Bulletin
Michael Mann and Sara Kanos
Vol. 1; No. 3 February 1, 2012
This edition contains the following articles:
-"When You Need Your Patent Fast: Choosing Between “Track 1” and Accelerated Examination"
By Michael A. Mann
-"Dot Com Who?"
By Sara C. Kanos
"The ADA Amendments Act of 2008: Practical Implications for Employers in 2012 and Beyond"
Lawrence D. Smith and Molly Hughes Cherry
IADC's Defense Counsel Journal; Vol.79, No. 1 January 2012
Nexsen Pruet attorney Molly Hughes Cherry co-authored an article discussing the impact of amendments to the Americans with Disabilities Act for the International Association of Defense Counsel's Defense Counsel Journal.
I-9 Compliance: Avoiding Traps of New Federal Security Features
January 20, 2012
A redesigned federal document is leading to confusion as businesses try to comply with the I-9 requirement.
Employment Law Update - January 2012
January 5, 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.
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