Author Info for Poyner Spruill LLP

Judge Rules NCAA Bylaw on Eligibility Likely Violates the Sherman Antitrust Act

Athletic departments at NCAA member institutions must now consider whether their student-athletes who transferred from non-NCAA schools are eligible to play another season of college sports… more

Antitrust Provisions, Antitrust Violations, College Athletes, Competition, Injunctions

See all updates »

Estate Planning with Retirement Accounts Under the New SECURE Act

The SECURE Act has significantly altered the estate planning landscape for qualified retirement accounts, including, but not limited to, Individual Retirement Accounts (“IRAs”), 401(k)s, 403(b)s, 457(b)s, and Roth IRAs… more

401k, Beneficiary Designations, Employee Benefits, Income Taxes, Individual Retirement Account (IRA)

See all updates »

Ben Buskirk

Look Before You Leap: The Cost of Failing to Preserve Claims When Submitting Monthly Applications for Payment

Subcontractors and contractors with pending construction contract claims, read your monthly application for payment, lien waiver, and change order forms closely before signing. Failure to do so may result in a costly waiver of… more

Breach of Contract, Change Orders, Construction Contracts, Construction Industry, Construction Project

See all updates »

Brett Carpenter

Supreme Court Rejects Requirement that Majority-Plaintiffs Must Satisfy Heightened Evidentiary Standard to Prevail Under Title VII

On June 5, 2025, the Supreme Court issued its much-anticipated ruling in Ames v. Ohio Department of Youth Services, concluding that courts cannot require members of a majority group to satisfy a heightened evidentiary standard… more

Affirmative Action, Ames v Ohio Department of Youth Services, Anti-Discrimination Policies, Disparate Treatment, Employment Discrimination

See all updates »

Dylan Castellino

Torres v. Madrid (New Excessive Force Opinion from SCOTUS)

In a 5-3 decision authored by Chief Justice Roberts, the U.S. Supreme Court ruled in Torres v. Madrid that a woman who was shot while fleeing from police officers was “seized,” even though she remained at large… more

Damages, Excessive Force, Fourth Amendment, Law Enforcement, Police

See all updates »

Tyler Chriscoe

North Carolina Authorizes Probate of Electronically Stored Wills

Recent North Carolina legislation addresses the electronic storage of attested written wills. Although electronic wills themselves are not yet fully authorized under North Carolina law, these recent statutory changes allow a… more

Electronic Records, New Legislation, North Carolina, Probate, Wills

See all updates »

Nick Christopherson

A Lender’s Introduction to Fraudulent Conveyances: What They Are and How to Prevent

Lenders extend loans with the belief that if a borrower fails to make debt service payments, the lender can sell the underlying collateral and recoup the outstanding balance of the loan. However, bankruptcy courts have the… more

Bankruptcy Court, Borrowers, Collateral, Creditors, Due Diligence

See all updates »

Peter Christopherson

Fourth Circuit Court of Appeals Instructs District Court to Correctly Apply Qualified Immunity Analysis

The Fourth Circuit Court of Appeals recently vacated and remanded a District Court opinion that denied qualified immunity to a Charlotte-Mecklenburg Police Officer. In Belton v. Loveridge, the appellate court held the trial… more

Appeals, Appellate Courts, Constitutional Challenges, Excessive Force, Fourth Amendment

See all updates »

Brian F. Corbett

Enemy of a Lender: Ambiguity in Loan Documents

Loan document terms are ambiguous when they are reasonably capable of being interpreted in more than one manner. Contract law often provides that an ambiguous term in a loan document is interpreted against the drafting party… more

Borrowers, Breach of Contract, Contract Disputes, Contract Interpretation, Contract Terms

See all updates »

Adia Craig

DOL Enforcement Guidance Underscores Favorable Shift for Contractor Classifications

On May 1, 2025, the United States Department of Labor (“DOL”) published the first Field Assistance Bulletin of the year providing guidance to Wage and Hour Division (“WHD”) field staff regarding the proper analysis to apply when… more

Biden Administration, Department of Labor (DOL), Employee Definition, Enforcement, Enforcement Guidance

See all updates »

Charles Davis III

North Carolina Asset and Creditor Protection Planning

A common concern of estate planning and business planning clients is protecting their assets from a future creditor claim. These claims can arise in the operation of a business, the provision of medical or other professional… more

Asset Management, Business Assets, Business Associates, Corporate Counsel, Corporate Finance

See all updates »

Tom Davis

New Changes to AAA Construction Rules

Many construction contracts, especially on private projects, contain alternative dispute resolution provisions. These provisions often incorporate the Construction Industry Rules and Mediation Procedures of the American… more

American Arbitration Association, Arbitration, Construction Contracts, Construction Disputes, Construction Industry

See all updates »

Sarah DiFranco

A Primer On The CARES Act

The recently enacted Coronavirus Aid, Relief, and Economic Security Act (CARES Act) seeks to mitigate the economic impact of COVID-19. It seeks to expand on prior legislation. It provides greater assistance to individuals, small… more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Paycheck Protection Program (PPP), Relief Measures

See all updates »

H. Glenn T. Dunn

Supreme Court Allows Early Challenges to Wetlands Jurisdictional Determinations

The U.S. Supreme Court has ruled that a property owner can go to court to challenge a determination by the Army Corps of Engineers (Corps) that part of the property is “waters of the U.S.” or connected wetlands and therefore… more

Clean Water Act, Jurisdiction, Land-Use Permits, SCOTUS, Section 404

See all updates »

J.M. Durnovich

The Basics of Arbitration: Q&A

Most businesses are generally familiar with arbitration, but the details of the process can sometimes be a bit murky. Whenever parties engage in arbitration, those unknown details can cause confusion and anxiety for even the… more

American Arbitration Association, Arbitration, Arbitration Agreements, Binding Arbitration, Commercial Contracts

See all updates »

Christopher Dwight

Section 230 Shields Twitter from Congregational Claims

A federal court has ruled that 47 U.S.C. “Section 230” of the Communications Decency Act shields Twitter from claims it aided and abetted defamation. Brikman v. Twitter, Inc., 2020 WL 5594637 (E.D.N.Y., September 17, 2020)… more

Communications Decency Act, Defamation, Electronic Communications, Free Speech, Social Media

See all updates »

J. Nicholas Ellis

Fourth Circuit Court of Appeals Instructs District Court to Correctly Apply Qualified Immunity Analysis

The Fourth Circuit Court of Appeals recently vacated and remanded a District Court opinion that denied qualified immunity to a Charlotte-Mecklenburg Police Officer. In Belton v. Loveridge, the appellate court held the trial… more

Appeals, Appellate Courts, Constitutional Challenges, Excessive Force, Fourth Amendment

See all updates »

Steven Epstein

North Carolina Court of Appeals Addresses eDiscovery Protocols

Hard to believe, but it took until August 29, 2019 for the North Carolina Court of Appeals to tackle the issue of eDiscovery for the very first time. But tackle it the court did… more

Attorney-Client Privilege, Discovery, Discovery Disputes, Electronically Stored Information, Keyword Search

See all updates »

Drew Erteschik

NC Appellate Courts Hold Grandfather Mountain Must Pay Property Tax

In a decision that substantially protects property tax bases for local governments in North Carolina, the North Carolina Supreme Court has declined to review a Court of Appeals decision holding that one of North Carolina’s most… more

Appeals, Commercial Use, Conservation Easements, Historical Landmarks, Property Tax

See all updates »

Chad Essick

NC Appellate Courts Hold Grandfather Mountain Must Pay Property Tax

In a decision that substantially protects property tax bases for local governments in North Carolina, the North Carolina Supreme Court has declined to review a Court of Appeals decision holding that one of North Carolina’s most… more

Appeals, Commercial Use, Conservation Easements, Historical Landmarks, Property Tax

See all updates »

Susie Gibbons

Five Key Points on DEI from EEOC/DOJ Guidance

The Equal Employment Opportunity Commission (the “EEOC”) issued two technical guidance documents on March 19, 2025 that every employer should read. The first document, issued jointly with the Department of Justice is titled… more

Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employee Rights, Employee Training

See all updates »

Bradley Herring

Libor No More

Last summer, the United Kingdom’s Financial Conduct Authority announced it would no longer require LIBOR panel banks to report interbank transactions after 2021, thus ending the interest rate index upon which an estimated $350… more

Financial Conduct Authority (FCA), Libor, UK

See all updates »

Sam Holder

BREAKING NEWS: Change in Participant Count Methodology for Plan Audit Threshold

We come with breaking news that will be welcomed by many smaller plan sponsors! The DOL has amended the Form 5500 forms and instructions for 2023 and significantly changed how a plan sponsor counts participants for determining… more

Audit Policies, Benefit Plan Sponsors, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

See all updates »

Keith Johnson

Eighteen Counties Will Send Out Revaluation Notices in 2013

Counties in North Carolina are required to revalue real property every eight years; however, some counties chose to do so in shorter intervals. According to the North Carolina Department of Revenue, eighteen counties are set to… more

Administrative Appeals, Administrative Review Board, Property Tax, Revaluation

See all updates »

Samuel Johnson

Starting a Craft Brewery in North Carolina - Steps to Take Before You Sell a Single Bottle of Beer

Before your finely-crafted product can ever be someone’s quiet reward after a long day or before your craft brew can ever take home a Great American Beer Festival® gold medal, you must take certain steps to ensure your business… more

Breweries, Licenses, Wine & Alcohol

See all updates »

David Krosner

Failing to Properly Classify Workers as Employees vs Independent Contractors: Pay Me Now or Pay Me Later - Common Legal Mistakes Made by Small Business Owners

Pay Me Now or Pay Me Later is a series of short tips on common legal mistakes small business owners make. Tip # 5 Properly Classify Workers as Employees versus Independent Contractors… more

Employee Definition, Employer Liability Issues, Independent Contractors, Misclassification, Wage and Hour

See all updates »

Grayson LaMontagne

Key Updates to Foreclosure Sales in NC

Beginning on October 1, 2024, Senate Bill 319 introduced certain changes to the foreclosure sale process including changes to the statute establishing the place of sale, the authorization of remote bidding in foreclosure sales,… more

Auction, Foreclosure, Mortgages, New Legislation, North Carolina

See all updates »

Caroline Mackie

Governmental Employers Take Note: Court of Appeals allows employee’s claim for violation of N.C. constitution to go forward

In Tully v. City of Wilmington, No. COA15-956 (N.C. Ct. App. Aug. 16, 2016), the Court of Appeals held for the first time in North Carolina that a governmental employee had alleged a valid property and liberty interest in… more

Employer Liability Issues, Job Promotions, Policies and Procedures, Public Employees, Sovereign Immunity

See all updates »

Caroline Margolis

U.S. Supreme Court Update: Recent Employment Law Decision

On June 20, 2025, the U.S. Supreme Court issued another important decision in Stanley v. City of Sanford, Florida. This decision follows on the heels of Ames v. Ohio Department of Youth Services… more

Americans with Disabilities Act (ADA), Disability Discrimination, Employees, Employer Liability Issues, Employment Discrimination

See all updates »

Colin McGrath

A Friendly Reminder of the Consequences of Holdover Tenancies

After a lease expires, but a tenant holds over, what terms and conditions of the lease are still enforceable? The North Carolina Court of Appeals issued an opinion on May 7, 2019 partially answering this question by ruling where… more

Commercial Leases, Commercial Tenants, Contract Terms, Expiration Date, Holdover Occupants

See all updates »

Emily Meeker

OZ Update - The New Proposed Regulations Are Out - New Guidance on Eligibility for OZ Tax Benefits

Last week, Treasury issued a second round of proposed regulations regarding Opportunity Zones?offering investors more clarity as to whether their investments in designated Opportunity Zones will qualify for current capital gains… more

Capital Gains, Economic Development, New Guidance, Opportunity Zones, Partnerships

See all updates »

Robert Meyer

Third Circuit Finds “Modicum” of Control Insufficient to Create Employment Relationship

In order to state a claim for discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), a plaintiff must first demonstrate that he or she had an employment relationship with the defendant. Although various… more

Appeals, Educational Institutions, Employer Liability Issues, Employment Discrimination, Employment Litigation

See all updates »

Hannah Lassiter Munn

Cafeteria Plan Check-In: Claims Substantiation

A recent memorandum from the IRS Office of Chief Counsel serves as a helpful reminder to check in on cafeteria plan administration and ensure all processes—including claims substantiation for medical expenses and dependent care… more

Cafeteria Plans, Dependent Care, Employee Benefits, Employer Group Health Plans, Health Insurance

See all updates »

Kelly Newcomb

The Sovereign Citizen Movement and Potential Impacts on Lending Institutions

The “Sovereign Citizen Movement” is a term used to describe the growing number of individuals who deny the authority and / or legitimacy of the U.S. government. While the “SovCit” movement originated decades ago, there appears… more

Best Practices, Contract Disputes, Debt Collection, Fraud, Lenders

See all updates »

Rachel Nicholas

SCOTUS Rules Bad Faith or Gross Misjudgment Not Required for Students to Establish Section 504 or ADA Claims Against School Systems

On June 12, 2025, the United States Supreme Court unanimously held that claims based on educational services brought under Title II of the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act of 1973… more

Americans with Disabilities Act (ADA), Disability Discrimination, Educational Institutions, Judicial Authority, School Districts

See all updates »

James O'Brien III

Navigating the New World of Name-Image-Likeness for Student-Athletes

On June 21, 2021, the United States Supreme Court unanimously held that NCAA rules prohibiting most types of compensation for student-athletes’ name, image and likeness (NIL) violate federal antitrust laws in the landmark case… more

Alston v NCAA, Antitrust Violations, College Athletes, NCAA, Restraint of Trade

See all updates »

Thomas Ogburn

In-House Loan Modifications In South Carolina Are Not The Unauthorized Practice of Law

The South Carolina Supreme Court recently issued two opinions concerning the unauthorized practice of law in real estate transactions. Under earlier Supreme Court cases, five aspects of a real estate loan or mortgage closing… more

Closing Documents, Equitable Relief, Foreclosure, Loan Modifications, Mortgages

See all updates »

Rachel Pender

Department of Education Releases New Title IX Regulations

Today, April 19, 2024, the United States Department of Education (“Department”) released its much-anticipated amendments to the existing Title IX Regulations (“2024 Regulations”). Title IX prohibits discrimination on the basis… more

Colleges, Department of Education, Educational Institutions, Pregnancy Discrimination, Sex Discrimination

See all updates »

Grace Sykes Pennerat

United States Department of Homeland Security’s Alien Registration Requirement to Take Effect

In February 2025, the United States Department of Homeland Security (“DHS” or “Department”) published an interim final rule mandating a new alien registration requirement for certain non-citizens… more

Department of Homeland Security (DHS), Filing Requirements, Final Rules, Foreign Nationals, Immigrants

See all updates »

Robin Pipkin

Four Tips to Reduce the Risk of a Tax Audit

For many business owners, tax season can be stressful. These four tips can help you lessen the chances of triggering a tax audit… more

Federal Taxes, Income Taxes, IRS, Tax Audits, Tax Liability

See all updates »

Steven A. Rowe

Former EEOC Officials Issue Response to Acting Director’s Technical Assistance on DEI Programs

On March 19, 2025, EEOC Acting Chair, Andrea Lucas, issued a technical assistance document entitled “What You Should Know About DEI-Related Discrimination at Work” ( “ DEI Technical Assistance Document 1”). On the same date, the… more

Anti-Discrimination Policies, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination, Employment Policies

See all updates »

Stephanie Sanders

SEC Adopts Rule Disqualifying Bad Actors from Participation in Rule 506 Offerings

In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, which, among other things, required the Securities and Exchange Commission (SEC) to adopt rules that would prohibit the use of the Rule 506… more

Bad Actors, Disqualification, Dodd-Frank, Rule 506 Offerings, Securities and Exchange Commission (SEC)

See all updates »

Steven Mansfield Shaber

Who's Going Under the Bus? Federal Policy on Individual Responsibility for Corporate Wrongdoing - Corridors January 2016

In a wake-up call to health care corporate officers and managers, Deputy Attorney General Sally Yates earlier this fall announced a new, tougher U.S. Department of Justice policy regarding individual responsibility for corporate… more

Corporate Liability, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ), Personal Liability

See all updates »

William Shenton

Corridors Fall 2018 - News for North Carolina Hospitals

Recent Decision Highlights Potential Personal Liability of Hospital Directors Based on Breach of Fiduciary Duty - In a recent case, a federal bankruptcy court in Michigan reviewed important questions involving breach of… more

Bankruptcy Code, Bankruptcy Court, Board of Directors, Business Judgment Rule, Certificate of Need

See all updates »

Amanda Sherin

North Carolina Joining the Race to C-PACE

Commercial Property Assessed Clean Energy (C-PACE) is a program that allows commercial property owners to finance clean energy improvements such as energy efficiency upgrades, water conservation, renewable energy installations… more

Clean Energy, Commercial Property Owners, Commercial Real Estate Market, Energy Sector, Green Energy

See all updates »

E. Bardin Simmons

Changes of Note to Lenders From the 2013 Legislative Long Session

During the 2013 legislative session, several new laws were passed which directly affect the banking and financial services industries. While most of these changes are relatively minor, they are certainly worth noting. Below is… more

Fair Housing Act (FHA), Fannie Mae, Interest Rates, Lenders, Mechanics Lien

See all updates »

Michael Slipsky

Mandatory Contractual Provisions Aren’t Just for Business Associate Agreements—New State Privacy Laws May Necessitate a Closer Look at Your Service-Provider Contracts

Although all fifty states now have data breach notification statutes on the books, a smaller but growing number of states have adopted substantive data privacy laws. The recently passed California Privacy Rights Act (CPRA) has… more

Consumer Privacy Rights, Contract Terms, Data Collection, Data Management, Data Privacy

See all updates »

Deborah Sperati

More Beer Please! Proposed House Bill Increases Production Cap for Self-Distribution Limit

Two bills have been proposed in the North Carolina House that, if passed, will have a significant impact on the craft brewing industry. These should be watched closely and supported as they broaden opportunities for the industry… more

Beer, Breweries, New Legislation

See all updates »

Jesse St.Cyr

When Buying or Selling Businesses, Don't Forget About Employment and Benefits Issues

Buying and selling the stock or assets of a business is a complicated process. There are always a number of issues to consider. It is critical that proper attention is given to employment and benefits matters… more

Compensation & Benefits, Employee Benefits, Employee Handbooks, Employer Liability Issues, Fair Labor Standards Act (FLSA)

See all updates »

Eric Stevens

New Electronic System for DMCA Safe Harbor Agent

If your company hosts or operates an interactive website that allows users to post or upload materials, you need to have a Digital Millennium Copyright Act (DMCA) policy. A DMCA policy gives copyright owners the opportunity to… more

Copyright Infringement, Designated Agent, DMCA, Safe Harbors, Takedown Notices

See all updates »

Toni Tardy

Cafeteria Plan Check-In: Claims Substantiation

A recent memorandum from the IRS Office of Chief Counsel serves as a helpful reminder to check in on cafeteria plan administration and ensure all processes—including claims substantiation for medical expenses and dependent care… more

Cafeteria Plans, Dependent Care, Employee Benefits, Employer Group Health Plans, Health Insurance

See all updates »

Matt Weiner

Preserving a Lender's Ability to Enforce Remedies Following a Default

It is no secret that many commercial real estate (CRE) properties are struggling. The dramatic increase in interest rates over the past few years and employers’ evolving mindsets regarding the use of office space are creating… more

Banks, Borrowers, Commercial Loans, Commercial Real Estate Contracts, Default

See all updates »

Rebecca Williams

Federal Court Rules 2024 Title IX Regulations Unconstitutional

In its decision vacating the United States Department of Education’s 2024 Title IX Regulations on January 9, 2025, the U.S. District Court for the Eastern District of Kentucky found that the Department of Education exceeded its… more

Constitutional Challenges, Department of Education, Educational Institutions, First Amendment, Gender Identity

See all updates »

David L. Woodard

[Hybrid Event] Employment & Employee Benefits Seminar - February 7th, Durham, NC

Join us in person or virtually on Wednesday, February 7 for an All-Day Employment and Employee Benefits Seminar. You’ll hear from Poyner Spruill attorneys about trending topics in employment and employee benefits. We aim to… more

Artificial Intelligence, Breastfeeding, Continuing Legal Education, Diversity, Drug Testing

See all updates »

Joanne Wu-White

The 23andMe Bankruptcy and Implications on Your Ancestry Data

On March 23, 2025, 23andMe, along with its affiliates, filed for voluntary Chapter 11 bankruptcy. The company’s decision to file for bankruptcy follows in the wake of a 2023 data breach affecting close to 7 million customer… more

23andMe, Bankruptcy Code, Bankruptcy Court, Chapter 11, Consumer Privacy Rights

See all updates »

Poyner Spruill LLP

"My best business intelligence, in one easy email…"

"My best business intelligence,
in one easy email…"