Publications
Search publications by practice and/or author below. Scroll down the page to peruse publications authored by Nexsen Pruet attorneys.
The EPA Reaches Back in Time: Appeals Court Allows Government to Veto 404 Permits Issued Years Earlier
James Potter  Columbia
May 16, 2013
Nexsen Pruet attorney James Potter writes about how an Appeals Court recently ruled that the EPA is allowed to exercise its 404(c) veto power "four years after the permit was issued by the Corps of Engineers."
Industry and Developers Affected by Changes to South Carolina’s General Permit for Stormwater Discharges from Construction Activities
James Potter Columbia
May 10, 2013
The South Carolina Department of Health and Environmental Control (SCDHEC) has been delegated authority by the EPA to regulate stormwater discharges due to construction activities.
To Pay or Not to Pay? The Test for the Unpaid Intern
David Dubberly
May 9, 2013
As the end of another academic year approaches, college students across the country are seeking summer employment opportunities.
South Carolina Supreme Court Rules on Tax Exemptions in Bodman v. South Carolina
Jim Rourke Columbia
May 8, 2013
Close to a year and a half after hearing oral arguments in Bodman v. South Carolina, the South Carolina Supreme Court has upheld the “seven caps” and “eighty seven exemptions” found under the State’s sales tax. (Op. No. 27248 filed May 8, 2013).
Negotiating Construction Equipment Leases; Getting Beyond the Battle of the Forms
Lawrence C. Melton Columbia
Nexsen Pruet Construction Law Alert April 2013
Construction and litigation attorney Lawrence Melton discusses how to better understand and negotiate construction equipment leases in the April edition of the Nexsen Pruet Construction Law newsletter.
"Leader Spotlight" - Jim Bryan
The Voice April 23, 2013
The Voice a publication of DRI (Defense Research Institute) featured Jim Bryan (Business Litigation) in its “leader spotlight” section of its e-blast this week.
"Metalcasting's Legal Climate"
Modern Casting April 2013
Attorney John Cole discusses the rise of EEOC cases in the metalcasting industry and how businesses can avoid charges.
"Navigating Highway 12: Land Use Considerations in Eastern North Carolina"
Charles Carter, Zeke Creech and Tom Johnson Raleigh
Environment, Energy & Natural Resources Law Section | NC Bar Association April 4, 2013
Nexsen Pruet attorneys Zeke Creech, Tom Johnson and Charles Carter co-authored an article detailing the unique land use laws in eastern North Carolina.
"EPA Proposes to Find NC Startup, Shutdown & Malfunction Rules Deficient"
Charles Carter Raleigh
North Carolina Manufacturers Alliance Weekly Update | March 1, 2013
Attorney Charles Carter authored an article entitled "EPA Proposes to Find NC Startup, Shutdown & Malfunction Rules Deficient" for the North Carolina Manufacturers Alliance Weekly Update.
The 10 Things You Must Know About Architectural Copyrights
Jeff Reichard
LightSwitch: Intellectual Property Law Bulletin April 4, 2013
Under architectural copyright law, imitation could be a very costly endeavor. So, Nexsen Pruet attorney Jeff Reichard offers ten tips to help contractors, owners and architects protect themselves from architectural copyright disputes.
"The Effect of Twombly/Iqbal on Trademark Lawsuits in the Fourth Circuit"
Gary Beaver
IP Links | NC Bar Association Intellectual Property Section Newsletter March 20, 2013
Nexsen Pruet attorney Gary Beaver authored an article entitled "The Effect of Twombly/Iqbal on Trademark Lawsuits in the Fourth Circuit" for the March 2013 edition of IP Links, the newsletter from the NC Bar Association Intellectual Property Section.
Arbitration or Arbitrary? A Guide to Help You Decide Whether to Arbitrate Construction Disputes
Brian Autry
March 19, 2013
As a general rule, I am almost convinced that all disputes in the construction context should be settled by arbitration. Arbitration offers the opportunity for cost savings and the selection of a fact finder who will understand the subject matter, listen to all sides, and try to render an award that is fair and is in line with the facts.
FMLA's Twentieth Birthday
March 18, 2013
On February 5, 2013, the Family and Medical Leave Act turned 20 years old. Coinciding with this milestone, the U.S. Department of Labor has issued a new final rule, which codifies further additions and revisions to the FMLA. This newsletter highlights some of the changes.
Spring Fashion Season: The Time is Ripe for Rip-Offs and the Industry Still Awaits a Remedy
Lica Colwell
March 18, 2013
Unfortunately, the current system of intellectual property laws – consisting of patent, copyright and trademark – does not provide a one solution for designers to protect their work from being blatantly copied.
New I-9 Form Shows More Changes May be in Store for Employers
David Dubberly | David Garrett
March 18, 2013
On March 8, 2013, U.S. Citizen and Immigration Services (USCIS) published a new two-page version of Form I-9, together with six pages of instructions. This article explains some of the notable features of the revised Form I-9.
"Termination for Convenience Clauses in the Private Arena: Traps Every Construction Practitioner Should Know"
News and Notes | January 2012
If you do a thesaurus search of the word “termination,” you’ll find: “extinction, annihilation, execution, slaughter, and massacre.” It is no wonder then, that when a contractor it told he is being terminated from a project, words of the four letter variety are quickly flying about the room and you are receiving messages from your secretary that your client has called four times, insists it is urgent and is inquiring “can they really do that?”
Changes Taking Effect to North Carolina Lien and Bond Laws
John Mabe Raleigh
March 13, 2013
The rules are changing when it comes to North Carolina lien and bond laws. And the new provisions are substantially altering the way in which all parties involved in lien rights –from owners, buyers, and sellers to general contractors, subcontractors, lenders, and title companies – handle construction, sales, and lending for residential and commercial properties.
Tax Alert: 'Medical Device Tax' Now in Effect
Rick Reames, Jim Rourke
March 1, 2013
The accounting departments of many hospitals and medical practices are preparing for increased costs on medical supplies.
Update: Noncompete Agreements in SC are Worth More Than the Paper They're Written On
February 27, 2013
In light of the restrictive nature with which South Carolina courts have historically viewed noncompetition agreements, many people assume they are not enforceable and, in essence, “not worth the paper they’re written on.” However, in January of this year, the South Carolina Court of Appeals upheld a physician’s noncompetition agreement and expanded the scope of enforceable noncompetition agreements in this state.
Clear as mud? Understanding your ethical duties as a “dirt” lawyer
Margaret Burnham Greensboro
February 2013
Margaret Burnham presented this article at a Greensboro Bar Association CLE in February 2013.
Defending Commercial Class Actions: Recent Cases May be Giving the Defense an Edge
Chris Lam Charlotte
February 15, 2013
While the ripples from the United States Supreme Court’s 2011 decision in Wal-Mart v. Dukes are still being felt, the Court may make further class action waves this term with its pending decision in Comcast v. Behrend. This paper focuses on what cases like Wal-Mart and Comcast may have in store for the class certification stage on issues such as burden of proof and expert testimony.
Recent Cases Address Employer Efforts to Protect Confidential Information
Cherie Blackburn Charleston
SC Bar's Employment and Labor Law Newsletter: Winter 2013 February 15, 2013
In recent months, both the Fourth Circuit Court of Appeals, which has jurisdiction over federal cases in North and South Carolina, and the S.C. Supreme Court have addressed the issue of protecting trade secrets and confidential information.
Employers Faced January 1, 2013, Deadline to Update Fair Credit Reporting Act Notice
Nikole Mergo Columbia
SC Bar's Employment and Labor Law Newsletter: Winter 2013 February 15, 2013
Effective January 1, 2013, there was a new form that employers must provide prospective or current employees when conducting background checks subject to the Fair Credit Reporting Act (FCRA).
Mediating the High-Emotion Case
James B. Chaplin, Deborah G. Cole, and Val H. Stieglitz IADC Mid-Year Conference
February 14, 2013
It is well-recognized, by both practitioners and academic commentators, that mediation involves a far different dynamic than trial. Given the fact that mediation continues to expand as a primary means of resolving disputes, and trial continues to recede as means of resolving disputes, lawyers must become conversant with, and comfortable with, the special dynamics of mediation. One of the main forces woven throughout all aspects of mediation is – Emotion.
Appealing Propositions: Appellate Issues in the Law
Stephen P. Groves, Sr. Charleston
February 13, 2013
Nexsen Pruet attorney Stephen Groves, Sr. writes about distinguishing between error and reversible error; recognizing and avoiding the “Bad Facts Make Bad Law” problem; and many (or at least several) others.
Misreprentation Law and Insurance Coverage in South Carolina
Stephen P. Groves, Sr. Charleston
February 13, 2013
Nexsen Pruet attorney Stephen Groves, Sr. writes that an "insurer may use the alleged misrepresentations and/or omissions of an insured in the life, health and disability insurance application process in two ways ...."
Franchising is Hot, But Not for Everyone: Before Considering - Ask Five Questions about Your Business
Ted Pearce Charlotte
February 12, 2013
The outlook for franchising is bright....Given the industry’s past success and projected future growth, it is only natural for entrepreneurs to wonder whether their business concepts are suited to franchising. To determine the answer, entrepreneurs should ask themselves five fundamental questions.
Farm Service Agency Guaranteed Loans: Simple Steps to Improve Performance
Bruce Wallace Charleston
February 12, 2013
Associations that participate in the Farm Service Agency’s Guaranteed Loan Program understand how beneficial it can be. But, you might not recognize that through a few simple steps, you can improve your loan performance under the Program.
S.C. Supreme Court Upholds Confidentiality and "Holdover" Inventions Assignment Clauses in Employment Agreement
David Dubberly
LightSwitch: Intellectual Property Law Bulletin - 1st Quarter, 2013 January 2013
David Dubberly breaks down a significant South Carolina Supreme Court ruling about invention assignment clauses in employment agreements.
The America Invents Act: The Big Lesson Learned in the First Year
Michael A. Mann
LightSwitch: Intellectual Property Law Bulletin - 1st Quarter, 2013 January 2013
Since the Smith-Leahy America Invents Act (AIA) was signed into law, court decisions have turned on provisions of the act.
The U.S. Patent and Trademark Branch Office Near You
Michael A. Mann
LightSwitch: Intellectual Property Law Bulletin - 1st Quarter, 2013 January 2013
Could U.S. Patent and Trademark Offices be as proliferate as Starbucks coffee shops? Mike Mann sure hopes so!
The 10 Things You Must Know About Architectural Copyrights
Jeff Reichard
January 29, 2013
Some people say that imitation is the sincerest form of flattery. However, under architectural copyright law,imitation could be a very costly endeavor. Here are ten tips to help contractors, owners and architects protect themselves from architectural copyright disputes.
Employment Law Update: U.S. Supreme Court Set to Define "Supervisor" for Purposes of Title VII
January 23, 2013
The U.S. Supreme Court recently heard arguments in a case that could have a significant impact on employer liability. Specifically, as the result of an appeal in Vance v. Ball State University, et al, 646 F.3d 461 (7th Cir. 2011), the Court is poised to decide who qualifies as a “supervisor” for purposes of liability under Title VII of the Civil Rights Act.
Justice Department and SEC Issue Guidance on Anti-Bribery Law
David Dubberly
Swampfox January 22, 2013
Employment and Labor Law attorney David Dubberly addresses the Department of Justice and the Securities and Exchange Commission's “resource guide” to the U.S. Foreign Corrupt Practices Act.
New Federal Law Increases Trade Secret Protection
David Dubberly
Swampfox January 22, 2013
Nexsen Pruet Employment and Labor Law attorney David Dubberly discusses the Theft of Trade Secrets Clarification Act, which amends and expands the Economic Espionage Act (EEA).
"A Green Trifecta: Save Money, Create Jobs, Conserve"
Leighton Lord, Laura Varn
The State January 16, 2013
Nexsen Pruet attorney, Leighton Lord, and Santee Cooper Vice-President, Laura Varn, want to educate South Carolinians on ways to create a more sustainable economy when it comes to energy efficiency.
“Private Equity in International Franchising”
Co-Authors Ted P. Pearce, James J. Goodman, Andrew P. Loewinger, Gilles Menguy, and Carolyn J. Vardi
International Journal of Franchising Law, Volume 11 (2013), Issue 1, pp 3-20, London, Claerhout Publishing Ltd. January 14, 2013
Attorney Ted Pearce is co-author of an article written for the International Journal of Franchising Law examining private equity's role in international franchising.
EB-5 Immigrant Investor Process
David Robinson
January 11, 2013
The U.S. Immigration and Nationality Act currently allocates 10,000 “EB-5” immigrant visas per year to qualified individuals seeking Lawful Permanent Resident (LPR) status - also known as a “green card” - on the basis of their capital investment in a commercial enterprise in the United States.
Antidumping and Countervailing Duty Actions
David Robinson
January 11, 2013
Antidumping (AD) and countervailing duty (CVD) actions in the United States against foreign companies have increased markedly in recent years. Nexsen Pruet can assist foreign companies in negotiating the “AD/CVD minefield.”
"Navigating Highway 12: Land Use Considerations in Eastern North Carolina"
North Carolina Bar Association - Zoning, Planning and Land Use Section, Land Use Law Quarterly January 3, 2013
Nexsen Pruet attorneys Tom Johnson and Zeke Creech authored an article for the North Carolina Bar Association's Land Use Law Quarterly newsletter.
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