Author Info for Maynard Nexsen

Mark Bakker

FTC Noncompete Ban Struck Down

Judge Ada Brown of U.S. District Court for the Northern District of Texas issued an order on Tuesday, August 20, 2024, ruling that the FTC Rule establishing a noncompete ban (“the Rule”) is arbitrary and capricious, and issuing…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Evan Barbare

Improving Quality of Video Content: Strategic Communications with NP Strategy

Video content continues to be king, but don’t let the demand for content sacrifice overall quality. NPS Video Services Specialist Evan Barbare spells out some easy tips for improving video content to maximize impact…more

Business Development, Content Marketing, Content Strategy, Marketing, Online Videos

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Hamilton Barber

Key Health Care Issues to Track in 2025 in the Carolinas

Following a year of significant regulatory changes and market realignments, the health care landscape in North and South Carolina continues to undergo significant transformation driven by federal policy shifts, state legislative…more

Artificial Intelligence, Certificate of Need, Children's Health Insurance Program (CHIP), Health Insurance, Healthcare Reform

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Kamri Barber

Sexual Harassment Claims Strike Hollywood Again: Key Takeaways for HR Professionals

The entertainment industry, often credited for sparking the cultural “#MeToo” movement, is yet again faced with allegations of sexual harassment, this time from “It Ends With Us” star Blake Lively. On December 31, 2024, Lively…more

Anti-Retaliation Provisions, Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Pregnant Workers Fairness Act

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Ralph Barbier

The Impact of CON Repeal, DHEC Changes, and Ongoing Considerations

South Carolina ASCs Have a Number of Changing Regulatory Requirements Pending – Stakeholders Should Take Notice - In May of 2023, the South Carolina General Assembly unanimously passed S. 164 and the Governor signed the…more

Ambulatory Surgery Centers, Anti-Kickback Statute, Health Care Providers, Hospitals, Physicians

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Sarah Sloan Batson

FLSA Salary Rule Struck Down

A Texas District Court in State of Texas v. U.S. Dep’t of Labor, struck down the U.S. Department of Labor (DOL) 2024 Final Overtime Rule, which revised the minimum salary requirement for the executive, administrative, and…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Bryan Baysinger

Tool or Inventor? – Inventorship Pitfalls When Using AI in R&D

Generative AI is a subset of artificial intelligence that enables machines to generate content, such as words, images, voice, and even synthetic data. While Generative AI is relatively new technology, its origins from text-based…more

Artificial Intelligence, Intellectual Property Protection, Inventors, Legal Technology, Machine Learning

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Brett Becker

Statutory Update – New Protections Against Broad Waivers of Lien Rights

Ensuring the language in lien waivers is conditional upon the actual receipt of payment and that the waiver is limited to the extent of payment received have long been the most crucial issues whenever presented with a lien…more

Construction Contracts, Construction Industry, Construction Liens, Construction Project

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Raymond Bell Jr.

2025 Alabama Legislative Update: Regular Session - Week Nine

App Store Regulation and Device Filters - On Thursday, the Senate passed legislation, sponsored by Senator Clyde Chambliss, regarding app store regulation. Under this legislation, parental permission is required before a…more

Alabama, App Store, Economic Development, Immigration Procedures, Mobile Apps

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Kate Belyayeva

Artificial Intelligence in the Health and Welfare Space: Opportunities and Considerations for Employers

Artificial intelligence (also commonly referred to as “AI”) is rapidly reshaping industries, and the health and welfare space is no exception. As employers seek innovative ways to improve the administration of health and welfare…more

Algorithms, Artificial Intelligence, Data Privacy, Data Security, Employee Benefits

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Eric Biesecker

Virginia Joins North Carolina and South Carolina in Prohibiting Pay-if-Paid Clauses

Imagine you are an electrical subcontractor working in Virginia for a general contractor on a commercial project. Because you perform electrical work, much of your scope falls after framing and roofing, and after the envelope…more

Construction Contracts, Construction Industry, Contractors, Pay if Paid, Subcontractors

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David Black

COVID-19 Litigation – The Latest

It might feel like years, but it’s only been about four months since the COVID-19 pandemic was declared a national emergency in the United States. Like with the virus, we’ve watched the COVID-19 litigation landscape evolve…more

Coronavirus/COVID-19, Employer Liability Issues, Health and Safety, Infectious Diseases, Personal Protective Equipment

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Cherie Blackburn

Work This Way: A Labor & Employment Law Podcast - Episode 42: Non-Compete Agreements with Mitchell Greggs of Maynard Nexsen

This week, Tina and Cherie welcome their colleague Mitchell Greggs for an insightful discussion on restrictive covenants. Mitchell breaks down the evolving regulatory changes in 2024, including the Federal Trade Commission’s…more

Employees, Employment Contract, Employment Policies, Federal Labor Laws, Federal Trade Commission (FTC)

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Abby Blankenship

Recent Litigation Emphasizes the Importance of Using Correct COBRA Notices

In Marrow v. E.R. Carpenter Co., Inc., a former employee filed a proposed class action lawsuit against her employer, claiming that the company’s group health plan failed to provide a proper COBRA election notice. The employee…more

Class Action, COBRA, Department of Labor (DOL), Employee Benefits, Employee Rights

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Matthew Blasko

President Trump Rescinds Executive Order 11246, Impacting Federal Contractor Affirmative Action Requirements

On January 21, 2025, President Donald Trump signed an Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” In section 3 of the EO, President Trump rescinded Executive Order 11246, the…more

Affirmative Action, Department of Labor (DOL), Employment Discrimination, Executive Orders, Federal Contractors

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Bridget Blinn-Spears

Work This Way: A Labor & Employment Law Podcast - Episode 41: Employment & Labor Law Issues for Construction Companies with Bridget Blinn-Spears of Maynard Nexsen

Hosts Tina and Jennie are joined by their colleague, Maynard Nexsen labor & employment attorney Bridget Blinn-Spears, to discuss key employment and labor law issues for construction businesses. With construction sites being…more

Construction Industry, Employer Liability Issues, Government Agencies, OSHA, Risk Management

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Lee Bonner

2024 Alabama Legislative Update: Regular Session - Sine Die

Budgets - The $3.4 billion General Fund Budget and supplemental appropriations, the mechanism for funding non-education-related expenses, have been sent to the Governor for her signature…more

Gaming, Legislative Agendas, State and Local Government, State Budgets, State Legislatures

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Jeanne Born

Important and Time-Sensitive Changes in the APRN Statute Effective July 1

Governor McMaster signed S. 345 (Act No. 234 of 2018) into law on Friday May 18th amending the Nurse Practice Act and expanding the scope of practice for Nurse Practitioners, Certified Nurse Midwives and Clinical Nurse…more

APRNs, Health Care Providers, Nurse Practitioners, Physicians

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Brooks Bossong

North Carolina Receiverships and the new North Carolina Commercial Receivership Act

The North Carolina Commercial Receivership Act went into effect a year ago. The Act, codified in Article 38A of Chapter 1 of the North Carolina General Statutes, was the first substantive update to existing North Carolina…more

Borrowers, Commercial Property Owners, Creditors, Lenders, Receivership

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Beverly Bowers

Tort Reform in South Carolina: Legislative Actions and Key Issues to Watch in 2025

The 2025 South Carolina Legislative Session could see continued discussion on Tort Reform. The Institute of Legal Reform ranks South Carolina’s lawsuit climate 37th in the nation. Tort costs across the state equate to 2.5% of…more

Corporate Liability, Damages, Insurance Industry, Insurance Litigation, Legislative Agendas

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Dan Boyce

Commandment #9: Don't Expect Immediate Resolution - Investigations May Last For Years - When the Feds Come Knockin'

Over the last several months, I've shared my thoughts on what I've observed and experienced both as a federal prosecutor, criminal defense attorney and civil litigator in regards to federal, state or local investigations. This…more

Criminal Investigations, Federal Prosecutors, Grand Juries

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Gaines Brake

Nursing Home Industry Cheers While Also Signaling a Continuing Need for Workforce Solutions

When the Biden administration issued its final rule related to federally imposed minimum staffing requirements for long-term care facilities (“Final Rule”) on April 22, 2024, it sought to mandate minimum levels of nursing staff,…more

Appeals, Biden Administration, Centers for Medicare & Medicaid Services (CMS), Federal Labor Laws, Healthcare Facilities

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Mary Anna Brand

Management’s Guide to Florida Employment Laws and Processes

Florida largely follows federal employment laws, but under certain circumstances, Florida law provides greater protections to employees over and above its federal counterparts. This guide will highlight a few of these crucial…more

Civil Rights Act, Employee Benefits, Employee Rights, Employment Discrimination, Equal Employment Opportunity Commission (EEOC)

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Briana Brandon

The Future of DHEC is No Longer Pending

In September 2021, Nexsen Pruet published an article titled “The Future of DHEC Still Pending at the General Assembly?” Now two years later, S. 399—a bill that would split and splinter South Carolina’s largest state agency (the…more

Department of Natural Resources, General Assembly, Public Health, State and Local Government

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Kyle Brannon

Bankruptcy Court Finds No Stay Violation Where Creditor Initially Refused to Return Vehicle to Debtor Who Claimed Equitable Ownership Interest - Discussion of Treatment in SC and NC

From the Bankruptcy Court for the District of South Carolina : In McCall v. Anderson Brothers Bank (In re McCall), Adv. Pro. No. 16-80008-jw (Bankr. D.S.C. 2016), the Honorable John E. Waites held that a creditor did not…more

Bankruptcy Court, Chapter 13, Creditors, Debtors

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Thomas Brinkley

Project Catalyst: An Economic Development Podcast | Episode 13: Economic Development in Rural Alabama with Valerie Gray and Lori Huguley of VaLor Strategies

This week, Tina and Tom welcome veteran economic developers Valerie Gray and Lori Huguley who help drive Alabama’s growth as owners of VaLor Strategies. Valerie and Lori share stories from their decades of experience as economic…more

Alabama, Community Development, Economic Development, Economic Growth, Land Developers

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Michael Brittingham

A List of Current “To Do’s” for Retirement Plan Sponsors – SECURE 2.0 Act of 2022

President Biden signed The Consolidated Appropriations Act, 2023 in late December 2022. The final bill included the SECURE 2.0 Act of 2022 (“SECURE 2.0”). As we reported in a prior article, SECURE 2.0 contains a host of…more

Benefit Plan Sponsors, Employee Benefits, Required Minimum Distributions, Retirement, Retirement Plan

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Paul Brock

Tool or Inventor? – Inventorship Pitfalls When Using AI in R&D

Generative AI is a subset of artificial intelligence that enables machines to generate content, such as words, images, voice, and even synthetic data. While Generative AI is relatively new technology, its origins from text-based…more

Artificial Intelligence, Intellectual Property Protection, Inventors, Legal Technology, Machine Learning

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Patrick Brown

Can Our Association Do That? FCA Adopts New Rule for Farm Credit Subsidiaries

The Farm Credit Administration has adopted a new final rule governing the ownership and use of unincorporated business entities (UBEs) by Farm Credit System institutions. It applies to investments by System institutions in…more

Collateral, Farm Credit Administration, Subsidiaries

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James Bryan

Insurer Defeats Business Interruption Claim on Property Insurance Policy and Accompanying Bad Faith Claim in Federal Court in North Carolina

A Raleigh jewelry store recently lost its bid to prove coverage, bad faith and punitive damages in a classic case of seemingly strong evidence but actually nothing-burger evidence. In Michael Borovsky Goldsmith, LLC v. Jewelers…more

Bad Faith, Business Interruption, Insurance Industry, Property Damage, Property Insurance

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Thomas Buck Jr.

Alabama Supreme Court Update: Decisions from April 11, 2025

The Alabama Supreme Court issued its weekly release list on Friday, April 11. The opinions of interest to the Alabama business community include the following..…more

Appeals, Business Entities, Business Litigation, Class Action, Commercial Leases

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Margaret Shea Burnham

The new Corporate Transparency Act and its potential impact on North Carolina commercial real estate attorneys

The Corporate Transparency Act of 2019 (“CTA”) was enacted January 1, 2021, as part of the Anti-Money Laundering Act of 2020 (“AMLA”), which is part of the National Defense Authorization Act for Fiscal Year 2021 (“NDAA”). This…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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Nick Burnosky

Florida Client Alert: New and Future Changes to Florida Laws Affecting Real Property

Tort reform laws are not the only significant changes underway in Florida. There also are a series of changes to Florida law that either have taken effect, will take effect, or may potentially take effect (more on that later)…more

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Keith Burns

Four Points of Sail for a Smooth Closing

Smooth is fast. We all want smooth and fast transactions, and if 2025 yields the increased deal volume we all hope, it will be important to move quickly and streamline the closings. Basics for a smooth transaction, a list I…more

Closing Costs, Contract Terms, Due Diligence, Risk Management, Shareholders

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Seth Capper

HIPAA Reproductive Health Care PHI Rules: Compliance Date Approaching

On April 26, 2024, the U.S. Department of Health and Human Services (“HHS”) published new HIPAA regulations imposing additional requirements on covered entities to safeguard the privacy of protected health information (“PHI”)…more

Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Patient Privacy Rights, PHI

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Jack Chambers

2025 Alabama Legislative Update: Regular Session - Week Nine

App Store Regulation and Device Filters - On Thursday, the Senate passed legislation, sponsored by Senator Clyde Chambliss, regarding app store regulation. Under this legislation, parental permission is required before a…more

Alabama, App Store, Economic Development, Immigration Procedures, Mobile Apps

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Emily Chancey

GAO Bid Protest Annual Report to Congress for FY 2023

Last week, the U.S. Government Accountability Office ("GAO") published its much anticipated Bid Protest Annual Report to Congress for Fiscal Year 2023. GAO's annual report is required under the Competition in Contracting Act of…more

Annual Reports, Bid Protests, Contract Disputes, Document Productions, Federal Contractors

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Tushar Chikhliker

Project Catalyst: An Economic Development Podcast | Episode 10: The Southern Economic Development Council with Brian Gwin and Matt Tackett

In this episode, Tina and Tushar welcome Brian Gwin and Matt Tackett, leaders of the Southern Economic Development Council. They discuss the significant value of economic development associations for members, businesses, and…more

Community Development, Economic Development, Leadership

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Brittany Clark

SCOTUS: $200K Per Year And Employee Still Entitled To Overtime Pay

On Feb. 22, 2023, the U.S. Supreme Court weighed in on overtime exemptions under the Fair Labor Standards Act (FLSA) and held that a highly compensated employee was entitled to overtime pay because he was paid a day rate and not…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Helix Energy Solutions Group Inc v Hewitt No 21-984, Highly Compensated Employees

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Andrew Clawson

Tort Reform in South Carolina: Legislative Actions and Key Issues to Watch in 2025

The 2025 South Carolina Legislative Session could see continued discussion on Tort Reform. The Institute of Legal Reform ranks South Carolina’s lawsuit climate 37th in the nation. Tort costs across the state equate to 2.5% of…more

Corporate Liability, Damages, Insurance Industry, Insurance Litigation, Legislative Agendas

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Macy Climo

GAO Decision Highlights Agency’s Evaluation of Mentor-Protégé Joint Venture, But Could Unintentionally Lead Industry Astray on SBA’s Workshare Rule PDF

A recent Government Accountability Office (“GAO”) decision highlights the Small Business Administration’s (“SBA”) regulations relating to agency evaluations of a mentor-protégé joint venture’s past performance and experience,…more

Federal Contractors, GAO, Joint Venture, Mentor-Protege Program, SBA

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L. Grant Close, III

The Often Overlooked Fluctuating Workweek Method of Computing Overtime

The U.S. Supreme Court recently ruled that a worker who earned more than $200,000 still had to be paid the overtime rate for hours worked over 40 in a workweek. As more fully explained in the recent article by my colleague…more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Fluctuating Workweek, Over-Time

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Jennifer Cluverius

Work This Way: A Labor & Employment Law Podcast - Episode 41: Employment & Labor Law Issues for Construction Companies with Bridget Blinn-Spears of Maynard Nexsen

Hosts Tina and Jennie are joined by their colleague, Maynard Nexsen labor & employment attorney Bridget Blinn-Spears, to discuss key employment and labor law issues for construction businesses. With construction sites being…more

Construction Industry, Employer Liability Issues, Government Agencies, OSHA, Risk Management

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Laurence Cobb

"Governor McCrory Announces Appointments to Coal Ash Management Commission"

On Tuesday, Governor Pat McCrory's office announced the formation of the Coal Ash Management Commission, including Nexsen Pruet attorney Larry Cobb…more

Coal, Coal Ash, Environmental Policies

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Bob Coble

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 220: Healthcare Regulation Under the Trump Administration with Bob Coble of Maynard Nexsen

With President Trump’s 2nd term quickly approaching, Heather and Matthew sit down with Maynard Nexsen attorney Bob Coble to discuss what changes we can expect in healthcare over the next 4 years. As the former Mayor of Columbia,…more

Drug Pricing, Healthcare Reform, Legislative Agendas, Life Sciences, Regulatory Agenda

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John Collier, Jr.

Tri-Agency FAQ Provides Updated Guidance Regarding Compliance with the Gag Clause Prohibition

On January 14, 2024, the Departments of Labor, Health and Human Services, and the Office of Personnel Management (the “Departments”) jointly released the FAQs About Consolidated Appropriations Act, 2021 Implementation Part 69…more

Consolidated Appropriations Act (CAA), Contract Terms, Data Privacy, Data Protection, Gag Clauses

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Lica Colwell

Spring Fashion Season: The Time is Ripe for Rip-Offs and the Industry Still Awaits a Remedy

It’s March, and in Charleston thoughts turn to longer days, spring break and, relatively recently, fashion. The tents go up in Marion Square mid-month for fashion fans to enjoy a week of shows featuring new designs and clothes…more

Copyright, Fashion Industry, Pleadings, Proposed Legislation

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Danielle DuBose Cotter

House and Senate Committee Chairs Propose Comprehensive Federal Privacy Act

House Committee on Energy and Commerce (House E&C Committee) Chair Cathy McMorris Rodgers (R-WA) and Senate Committee on Commerce, Science and Transportation (Senate Commerce Committee) Chair Maria Cantwell (D-WA) unveiled a…more

Cybersecurity, Data Privacy, Data Protection, Data Security, Privacy Laws

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Mary Cullen

Putting the “O” in PESO

In the world of public relations there is a model for everything. When it comes to handling media relations, that model strategy is known as PESO—Paid, Earned, Shared, and Owned media. The model is structured so each media type…more

Media, Media Relations, Public Relations

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Bradford Currier

FCC Issues Series of Warnings, Resources about Scams

The FCC has issued a series of alerts and resources for common scams for which they have received complaints. The scams often leverage personal information obtained from social media accounts or cybercriminals and rely on…more

FCC, Fraud, Robocalling, Scams, Telemarketing

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Ryal Curtis

Marketing Minute Video with NP Strategy: How to Reach More of the Right People on LinkedIn

Are you looking to enhance your LinkedIn strategy to increase engagement and audience growth? NP Strategy Senior Director Ryal Curtis shares expert tips on optimizing your LinkedIn profile, leveraging LinkedIn SEO, and engaging…more

Content Marketing, Content Strategy, LinkedIn, Marketing Perspectives, Professional Networking

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John Davidson

Maintenance Best Practices and Investigations

The recent collapse of the Champlain Towers building is an unimaginable tragedy and likely the quintessential worst nightmare for all involved in the construction industry. Over time, there likely will be questions about the…more

Best Practices, Construction Contracts, Construction Industry, Construction Project

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Yolanda Davis Brisco

Standards for Section 501(c)(3) Status of Limited Liability Companies

The Internal Revenue Service (IRS) issued Notice 2021-56 - Standards for Section 501(c)(3) Status of Limited Liability Companies as its first attempt to set the standards for a limited liability company (LLC) to become a…more

501(c)(3), Internal Revenue Code (IRC), IRS, Limited Liability Company (LLC), Tax Exempt Entities

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Stephen Davis, II

Trump 2.0 Executive Orders that Impact Employment-Based Visas

On January 20, 2025, President Trump issued a series of executive orders that imposed significant reforms to the immigration system, many of which may or will have an impact on employment-based visas. The following is a summary…more

Citizenship, Department of Homeland Security (DHS), Executive Orders, Foreign Workers, H-1B

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Lauren DeMoss

Prescription Revolution: Trump’s Bold Move to Slash Drug Prices

An Overview of the Executive Order on Lowering Drug Prices - On April 15, 2025, President Donald J. Trump signed an Executive Order aimed at reducing prescription drug prices in the United States. This order builds upon…more

Competition, Department of Health and Human Services (HHS), Drug Pricing, Executive Orders, Medicare

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R. Markley Dennis Jr.

Work This Way: A Labor & Employment Law Podcast - Episode 20: Tips for Court Cases with Judge Dennis and Judge Wilkins of Maynard Nexsen

On episode 20, hosts Tina and Cherie welcome Maynard Nexsen attorneys and former Judges Markley Dennis and Billy Wilkins, both of whom had long careers as public servants. Judge Dennis and Judge Wilkins share their best…more

Defense Strategies, Employer Liability Issues, Employment Litigation, Judges, Litigation Strategies

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Jay DeVaney

Creditors Rights Suffers a Major Depression in North Carolina

So, What can a Lender Count on from a Guarantor? - In 1933, the North Carolina legislature in reaction to the Great Depression enacted certain defenses against alleged abuses by lenders exercising remedies under mortgages…more

Anti-Deficiency Provisions, Creditors, Foreclosure, Guarantors, Lenders

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Lauren Deyo

Colorado Privacy Act

Colorado Governor Jared Polis signed the Colorado Privacy Act (CPA) into law on July 7, 2021, making Colorado the third state – California and Virginia being the other two – to enact comprehensive privacy legislation. There is…more

Cybersecurity, Data Collection, Data Privacy, Data Protection, Data Security

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Joseph Diab

Leading Through Pandemic Challenge

In recent conversations with business leaders navigating unprecedented change and uncertainty, the following four themes have emerged as helpful principles for leading through highly challenging times…more

Coronavirus/COVID-19, Corporate Governance, Infectious Diseases

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Joseph Dickinson, CHPC

Cybersecurity in the Construction Industry. Know Your Risks and Take Steps to Protect your Company

The digital age has enabled the construction industry to utilize new technologies to increase efficiencies and become more streamlined. Electronic communications, online banking, automated systems and digital storage of key…more

Construction Industry, Cyber Attacks, Cybersecurity, Data Breach, Hackers

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D. Paul Dietrich, II

Legislatures Nationwide Take Steps to Limit Property Ownership by Foreign Adversaries

Legislatures across the country are busy addressing numerous topics impacting individual and corporate interests from coast to coast. The Maynard Nexsen team regularly monitors legislation in all of the states where we maintain…more

CFIUS, Commercial Property Owners, Foreign Adversaries, Foreign Ownership, Governor DeSantis

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Paul Dominick

How "Highest and Best Use" Can Substantially Impact Just Compensation for Landowners

The taking of private property for public use is referred to as condemnation or eminent domain. While federal, state, and municipal governments may unilaterally take private property for public use, landowners are…more

Condemnation, Fifth Amendment, Just Compensation, Private Property, Takings Clause

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Elbert Dorn

Comparative Negligence and Crashworthiness Collide at the South Carolina Supreme Court

The South Carolina Supreme Court recently held that the comparative negligence of a plaintiff, in causing a vehicular collision, is not a defense to product liability crashworthiness claims brought under the theories of strict…more

Car Accident, Comparative Negligence, Design Defects, Implied Warranties, SC Supreme Court

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David Dubberly

What Construction Employers Can Expect During an OSHA Fatality Inspection

In December 2024, the U.S. Bureau of Labor Statistics released its 2023 Census of Fatal Occupational Injuries. The census showed that during 2023 there were 5,283 fatal work injuries recorded in the United States. Of that…more

Construction Industry, OSHA, Reporting Requirements, Workplace Fatalities, Workplace Safety

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C. Jones DuBose Jr.

[Webinar] Corporate Issues Affecting Life Sciences Companies - March 31st, 11:00 am - 11:45 am EST

Nexsen Pruet is starting a webinar series focusing on Life Sciences companies in the Carolinas. These webinars will focus on various legal and regulatory issues that Life Sciences companies deal with on a daily basis. They are…more

Corporate Liability, Health Care Providers, Life Sciences, Pharmaceutical Industry, Physicians

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Joshua Duvall

DOD Issues Guidance to Contracting Officers Regarding Solicitations and Contracts with DEIA Requirements

When a new presidential administration results in a new party occupying the White House, taxpayers often expect myriad government and public policy changes will soon follow. Hewing that truism, President Trump began his…more

Contract Modification, Department of Defense (DOD), Diversity, Diversity and Inclusion Standards (D&I), Executive Orders

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Christian Dysart

Work This Way: A Labor & Employment Law Podcast | Episode 43: How Employers Can Navigate White Collar Crime with Erica Barnes & Christian Dysart of Maynard Nexsen

In this episode, Tina and Jennie welcome Maynard Nexsen attorneys Erica Barnes and Christian Dysart to explore the intersection of white collar crime and employment and labor law. They share insights on how employers can prepare…more

Employee Misconduct, Employer Responsibilities, Employment Policies, Government Investigations, Policies and Procedures

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Andrea Easler

COVID-19 Impact on Alcohol Sales in South Carolina

March 23 Update:On March 21, 2020, South Carolina Governor Henry McMaster issued Executive Order 2020-12, allowing curbside pickup of beer and wine in sealed containers. This does not authorize or apply to open containers,…more

Coronavirus/COVID-19, Infectious Diseases, Public Health, State and Local Government, Wine & Alcohol

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Elizabeth Edmondson

An Employer’s Guide to Employee Separations

Employee separations are a common aspect of doing business. When facing an employee separation, employers may find themselves asking, in the words of Boyz II Men, “How do I say goodbye to what we had?” Whether the separation…more

Employee Benefits, Employee Rights, Employer Responsibilities, Employment Policies, Notice Requirements

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Tina Emerson

Work This Way: A Labor & Employment Law Podcast - Episode 42: Non-Compete Agreements with Mitchell Greggs of Maynard Nexsen

This week, Tina and Cherie welcome their colleague Mitchell Greggs for an insightful discussion on restrictive covenants. Mitchell breaks down the evolving regulatory changes in 2024, including the Federal Trade Commission’s…more

Employees, Employment Contract, Employment Policies, Federal Labor Laws, Federal Trade Commission (FTC)

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W. Brad English

GAO Bid Protest Annual Report to Congress for FY 2023

Last week, the U.S. Government Accountability Office ("GAO") published its much anticipated Bid Protest Annual Report to Congress for Fiscal Year 2023. GAO's annual report is required under the Competition in Contracting Act of…more

Annual Reports, Bid Protests, Contract Disputes, Document Productions, Federal Contractors

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Jacob Farrell

Virginia Joins North Carolina and South Carolina in Prohibiting Pay-if-Paid Clauses

Imagine you are an electrical subcontractor working in Virginia for a general contractor on a commercial project. Because you perform electrical work, much of your scope falls after framing and roofing, and after the envelope…more

Construction Contracts, Construction Industry, Contractors, Pay if Paid, Subcontractors

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David Ferrell

What’s the North Carolina General Assembly Been Drinking This Session?

Proposed legislation that could impact North Carolina ABC Retail Permit Holders - With the first year of the North Carolina General Assembly’s biennial session well underway, legislators have focused their work on numerous…more

Alcohol Beverage Control, Bars, General Assembly, State and Local Government, Wine & Alcohol

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Charles Fleischmann

Despite FCPA Enforcement Pause, Anti-Corruption Should Remain a Compliance Priority

On February 10, 2025, President Donald J. Trump issued an Executive Order instructing the Department of Justice (DOJ) to temporarily pause Foreign Corrupt Practices Act (FCPA) enforcement and reconsider its enforcement practices…more

Anti-Bribery, Anti-Corruption, Compliance, Corporate Governance, Corporate Misconduct

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William Floyd III

Mandatory Unionization at Large Federally-Funded Construction Projects

The federal infrastructure law devotes billions of dollars to construction sites and other projects. When the law was initially proposed, there was skepticism and concern that the huge federal investment would come with…more

Construction Industry, Construction Project, Federal Contractors, Project Labor Agreements, Unions

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Michelle Frazier

Legislative Update June 2021 #2

For the first time since the May 13 crossover date, the General Assembly returned to a normal pace, with the Senate holding votes Tuesday through Thursday and the House of Representatives holding votes Wednesday and Thursday…more

Coronavirus/COVID-19, Department of Environmental Quality, General Assembly, Governor Cooper, Paycheck Protection Program (PPP)

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Keely Fresh

Pay Transparency Laws – Do they Apply to Your Remote Workers?

According to recent study by the U.S. Bureau of Labor Statistics, 1 in 5 workers teleworked or worked from home for pay, with a variety of consumer polls indicating up to 90% of individuals in the workforce would prefer the…more

Corporate Counsel, Employer Liability Issues, Pay Transparency, Remote Working, Wage and Hour

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Melissa Fried Spence

Fourth Circuit Ruling Finds Employee is not a “Qualified Individual” under ADA when Employee Fails to Comply with Valid Safety Requirement

On December 9, 2020, the U.S. Court of Appeals for the Fourth Circuit found that a former employee did not meet the definition of a “qualified individual” to afford protection under the Americans with Disabilities Act (ADA)…more

Americans with Disabilities Act (ADA), Disability Discrimination, Employer Liability Issues, Reasonable Accommodation, Workplace Safety

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Julia Gallagher Stewart

Looking Back and Looking Forward: EEOC Enforcement Efforts

As the end of the year approaches and employers begin to look toward 2024, they need to be mindful that charges filed with the Equal Employment Opportunity Commission (EEOC), as well as lawsuits filed by the EEOC, have seen a…more

Americans with Disabilities Act (ADA), Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC), Title VII

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David Garrett

Trump 2.0 Executive Orders that Impact Employment-Based Visas

On January 20, 2025, President Trump issued a series of executive orders that imposed significant reforms to the immigration system, many of which may or will have an impact on employment-based visas. The following is a summary…more

Citizenship, Department of Homeland Security (DHS), Executive Orders, Foreign Workers, H-1B

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Sarah Glover

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 157: Sarah Glover, Maynard Nexsen Cybersecurity Attorney

Maynard Nexsen cybersecurity attorney Sarah Glover joins hosts Heather and Lauren to discuss cyber attacks on health care organizations. Sarah shares her perspective on risk factors, how to mitigate risk, and the cost of data…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Security

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Jenna Godlewski

Changing Hospice Certifying Physician Enrollment: Starting in June, Physicians Must Be Enrolled or Opted-Out of Medicare for CMS to Pay Hospice Claims PDF

On April 26, 2024, the Centers for Medicare and Medicaid Services (CMS) issued Questions and Answers concerning new hospice enrollment requirements for certifying physicians (CMS Q&As). In a nutshell, as of June 3, 2024, the…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medicare, Physicians

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Thomas Goodhue

FTC Issues Final Rule Banning Fake Reviews and Testimonials

On August 14, the Federal Trade Commission issued a new rule banning fake reviews and testimonials. Among other things, the Rule..…more

Fake Reviews, Federal Trade Commission (FTC), Final Rules, FTC Act, Section 5

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David Gossett

A Win for Plaintiffs in Recent NC Ag-Gag Ruling

Much of a 2015 North Carolina law that was meant to stop activists from posing as farm workers in order to gain access to footage and information about conditions on farms has been deemed unconstitutional on Friday, June 12,…more

Agricultural Sector, Animal Health, Farm Animals, Farms, First Amendment

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Nicholas Greer

GAO Bid Protest Annual Report to Congress for FY 2023

Last week, the U.S. Government Accountability Office ("GAO") published its much anticipated Bid Protest Annual Report to Congress for Fiscal Year 2023. GAO's annual report is required under the Competition in Contracting Act of…more

Annual Reports, Bid Protests, Contract Disputes, Document Productions, Federal Contractors

See all updates »

Timothy Gregg

Delaware Supreme Court’s Kellner v. AIM Immunotech Inc. Decision Elucidates Advance Notice Bylaws Standards

On July 11, 2024, the Delaware Supreme Court (the “Court”) issued a landmark ruling in Kellner v. AIM Immunotech Inc., providing crucial guidance on the standards for evaluating challenges to advance notice bylaws. This decision…more

Board of Directors, Bylaws, Corporate Governance, Shareholders

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Mitchell Greggs

Work This Way: A Labor & Employment Law Podcast - Episode 42: Non-Compete Agreements with Mitchell Greggs of Maynard Nexsen

This week, Tina and Cherie welcome their colleague Mitchell Greggs for an insightful discussion on restrictive covenants. Mitchell breaks down the evolving regulatory changes in 2024, including the Federal Trade Commission’s…more

Employees, Employment Contract, Employment Policies, Federal Labor Laws, Federal Trade Commission (FTC)

See all updates »

Austin Hagood

High-Net-Worth Divorce and Business Interests

Divorce is always a challenging experience, involving delicate matters such as property division, child custody, and alimony. However, when high-net-worth individuals go through a divorce, the complexities increase, especially…more

Business Ownership, Divorce, Marital Assets, Marriage, Spouses

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Molly Hall

South Carolina Legislators Approve Changes to Corporate Tax Laws to Spur Corporate Headquarters and Advance Energy Facility Recruitment

On June 27, South Carolina House Bill 4087 (H.4087), was ratified by the SC Legislature and sent to Governor Henry McMaster's desk for signature. The bill eliminates impediments to recruiting corporate headquarters and advanced…more

Economic Development, Energy Sector, Infrastructure, State and Local Government

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Jennifer Hanson Wheeler

Ensuring Adequate Compliance Mechanisms in the Wake of President Trump’s DEI-Related Initiatives

On January 21, 2025, President Donald Trump issued an Executive Order targeting diversity, equity, and inclusion (“DEI”) and diversity, equity, inclusion, and accessibility (“DEIA”) initiatives. On February 5, 2025, Attorney…more

Anti-Discrimination Policies, Attorney General, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employer Liability Issues

See all updates »

Mark Harmon

2023 South Carolina Legislative Session: Economic Development

Though the General Assembly technically adjourned Sine Die until next January, legislators returned sooner than expected, with Governor Henry McMaster calling them back into session to address legislation regarding abortion…more

Economic Development, Legislative Agendas, State and Local Government, State Legislatures, Tax Credits

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Alice Harris

Nursing Home Industry Cheers While Also Signaling a Continuing Need for Workforce Solutions

When the Biden administration issued its final rule related to federally imposed minimum staffing requirements for long-term care facilities (“Final Rule”) on April 22, 2024, it sought to mandate minimum levels of nursing staff,…more

Appeals, Biden Administration, Centers for Medicare & Medicaid Services (CMS), Federal Labor Laws, Healthcare Facilities

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James Hedgepath

Employers Can Still Say “No Carry” Under South Carolina’s New “Open Carry” Law

On August 15, 2021, South Carolina’s new “Open Carry With Training Act” took effect. Under the new “Open Carry” law, individuals who possess a South Carolina concealable weapon permit (“CWP”) can carry a concealable weapon…more

Concealed Weapons, Employment Policies, Gun Laws, Gun Permits

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Jordan Hennig

Nonimmigrant Visas 101 for Employers

As employers look to enhance and strengthen their workforce, nonimmigrant visas can offer opportunities for hiring foreign national employees at all levels. When employers learn that applicants will need sponsorship for work…more

Foreign Nationals, Foreign Workers, H-1B, Immigration Procedures, L-1 Visas

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Caroline Henry

Delaware Supreme Court’s Kellner v. AIM Immunotech Inc. Decision Elucidates Advance Notice Bylaws Standards

On July 11, 2024, the Delaware Supreme Court (the “Court”) issued a landmark ruling in Kellner v. AIM Immunotech Inc., providing crucial guidance on the standards for evaluating challenges to advance notice bylaws. This decision…more

Board of Directors, Bylaws, Corporate Governance, Shareholders

See all updates »

Anne-Allen Hogan

2025 Alabama Legislative Update: Regular Session - Week Nine

App Store Regulation and Device Filters - On Thursday, the Senate passed legislation, sponsored by Senator Clyde Chambliss, regarding app store regulation. Under this legislation, parental permission is required before a…more

Alabama, App Store, Economic Development, Immigration Procedures, Mobile Apps

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Elizabeth Holland

Legislatures Nationwide Take Steps to Limit Property Ownership by Foreign Adversaries

Legislatures across the country are busy addressing numerous topics impacting individual and corporate interests from coast to coast. The Maynard Nexsen team regularly monitors legislation in all of the states where we maintain…more

CFIUS, Commercial Property Owners, Foreign Adversaries, Foreign Ownership, Governor DeSantis

See all updates »

Jennifer Hollingsworth

7 Things to Know About IV Hydration Therapy in South Carolina

Intravenous (IV) hydration therapy is becoming more and more popular in the United States, and South Carolina is no exception. For those unfamiliar with the business model, IV hydration therapy services involve the offering of…more

Health Care Providers, Healthcare Facilities, Physicians, Telehealth, Telemedicine

See all updates »

John Holmes, III

EEOC Issues New Guidance on Visual Disabilities in the Workplace

On July 26, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance on how the Americans with Disabilities Act (“ADA”) applies to job applicants and employees with vision impairments…more

Americans with Disabilities Act (ADA), Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Reasonable Accommodation

See all updates »

Ted Holt

GAO Bid Protest Annual Report to Congress for FY 2023

Last week, the U.S. Government Accountability Office ("GAO") published its much anticipated Bid Protest Annual Report to Congress for Fiscal Year 2023. GAO's annual report is required under the Competition in Contracting Act of…more

Annual Reports, Bid Protests, Contract Disputes, Document Productions, Federal Contractors

See all updates »

Jay Hoodenpyl

Interested in a Crop-Share Lease?

How to be sure it is fair for the landowner and tenant - A cash land lease is a simple method of permitting one party to farm lands owned by another party. The tenant pays rent to the landowner, farms the land, and receives…more

Commercial Leases, Crops, Farms, Landlords, Tenants

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Heather Hoopes-Matthews

Taking the Pulse: A Health Care and Life Sciences Video Podcast | Episode 232: Commercial Real Estate for Life Sciences Companies with Vinnie Durand of Savills

Recorded at SCbio’s 2025 annual conference, Heather Hoopes Matthews and Matthew Roberts welcome Vinnie Durand of Savills, one of the world’s leading property advisors. They discuss the exponential growth of the life sciences…more

Business Development, Healthcare Facilities, Life Sciences, Professional Development, Real Estate Market

See all updates »

Stephanie Houston Mays

Work This Way: A Labor & Employment Law Podcast - Episode 19: Diversity, Equity, & Inclusion in the Workplace with Stephanie Mays, Maynard Nexsen Chief Talent Officer

For episode 19, Tina and Christy welcome Maynard Nexsen labor & employment attorney Stephanie Mays, who also serves as the Chief Talent Officer for the firm. We dive into the Students for Fair Admissions cases and how it impacts…more

College Admissions, Diversity, Diversity and Inclusion Standards (D&I), Employer Liability Issues, Hiring & Firing

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Justin Hoyle

Deadlines Extended – IRS Provides Relief to Qualified Opportunity Funds and its Investors

On June 4, 2020 the IRS released Notice 2020-39 (the Notice) providing relief to Qualified Opportunity Funds (QOFs) and their investors in response to COVID-19. The Notice provides that the 180-day investment period for…more

Investment Funds, Investors, IRS, Opportunity Zones, Popular

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Seth Hudson

The America Invents Act, Ten Years After Enactment - Part 1: “First Inventor to File”

Ten years ago, on September 16, 2011, the America Invents Act (“AIA”) became law. This article is the second in a multi-part series of articles on the significant changes introduced by the AIA and the results of those changes…more

America Invents Act, Intellectual Property Protection, Inventions, Inventors, Patent Applications

See all updates »

Denada Jackson

Marketing Minute Video with NP Strategy: Navigating a Crisis Like a Pro

When a crisis hits, where do you turn for guidance? NP Strategy experts are here to help. Vice President Denada Jackson shares crucial steps leaders should take during a crisis. When your organization faces turbulence, it’s…more

Content Publishing, Crisis Management, Law Firm Partners, Marketing, Marketing Perspectives

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Darra James Coleman

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 206: Supporting Patient Care with Darra Coleman of Prisma Health

Hosts Heather and Lauren are joined by Darra Coleman, former host of the podcast and Maynard Nexsen health care attorney and current Senior Associate General Counsel at Prisma Health. Darra joins the show to discuss how her role…more

Health Care Providers, Healthcare Reform, Hospitals, Life Sciences, Patients

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Rebecca Jennings Capece

FLSA Salary Rule Struck Down

A Texas District Court in State of Texas v. U.S. Dep’t of Labor, struck down the U.S. Department of Labor (DOL) 2024 Final Overtime Rule, which revised the minimum salary requirement for the executive, administrative, and…more

Department of Labor (DOL), Employer Liability Issues, Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws

See all updates »

Sam Johnson

South Carolina Politics: Four Things to Watch in 2020

The once every decade is the biggest of big deals. This accounting of the U.S. population sets the stage for everything from federal funding, to congressional districting, or to whether an area will get a new post office…more

Political Candidates, Primary Elections, State and Local Government, State Elections

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Robert Jones

Involuntary Bankruptcy: Creditor’s Tool to Be Used with Caution - CentsAbility: Creditors' Rights Law Update

If you have ever been a creditor concerned about a debtor not paying debts as they become due or paying other creditors while ignoring your demands, then forcing the debtor into an involuntarily bankruptcy may be an option. An…more

Bankruptcy Code, Chapter 11, Chapter 7, Creditors, Debtors

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Michael Jordan

Talc Litigation: The Big Picture

In 2015 and 2016, juries awarded $13 million in a talc case in California, and $72 million and $55 million in talc cases tried in Missouri. The California plaintiff argued that she used talcum powder which contained…more

Asbestos, Burden of Proof, Cancer, Causation, Cosmetics

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Chase Keibler

North and South Carolina Coronavirus Litigation - UPDATED April 7, 2020

UPDATED APRIL 7, 2020, in light of Governor McMaster’s “Home or Work” Order and the Supreme Court of South Carolina’s Order “Re: Operation of the Trial Courts During the Coronavirus Emergency.” In response to the novel…more

Coronavirus/COVID-19, Crisis Management, Eviction, Infectious Diseases, Relief Measures

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Mary Stuart King

NLRB Expands Definition of “Unlawful Communication” to Employees Concerning Effects of Unionization on Employer-Employee Relationship

On November 8, 2024, the National Labor Relations Board (“NLRB” or the “Board”) ruled that employers can no longer broadly warn employees that unionizing may strain or negatively impact their direct relationship with management…more

Employer Liability Issues, NLRB, NLRB General Counsel, Unions

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Paul Korte

ADA Compliance in Real Estate

Regardless of the industry, most business owners are familiar with Title I of the Americans with Disabilities Act (“ADA”) prohibiting disability discrimination in the employment context and enforced by the Equal Employment…more

Americans with Disabilities Act (ADA), Disability Discrimination, Equal Employment Opportunity Commission (EEOC), Public Accommodation, Reasonable Accommodation

See all updates »

Christopher Kouri

COVID-19 Silver Linings for Economic Development

As we move toward brighter days ahead, what economic development opportunities await? Two come to my mind most: one is strategic and statewide in scale; the other is more tactical, playing out at the company level…more

Coronavirus/COVID-19, Economic Development, Manufacturers

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Andrew Kragie

Supreme Court Clarifies Standard of Proof for FLSA Exemptions

The U.S. Supreme Court unanimously ruled last week that employers do not face an unusually high standard to prove exemptions under wage and overtime laws, ending the Fourth Circuit’s stricter approach for employers in five…more

Employees, Employer Liability Issues, Employment Litigation, Exempt-Employees, Fair Labor Standards Act (FLSA)

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Nicholas Landau Ph.D.

Proposal for "March-In Rights” Threatens Patents for Government Funded Inventions

On December 8, the Biden administration unveiled a proposal to override patent rights tied to government contracts and grants, under the much-publicized “march-in rights” provision found in Section 203 of Title 35 of the U.S…more

Intellectual Property Protection, Inventions, Inventors, Patent Applications, Patents

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John Lanier

Prescription Revolution: Trump’s Bold Move to Slash Drug Prices

An Overview of the Executive Order on Lowering Drug Prices - On April 15, 2025, President Donald J. Trump signed an Executive Order aimed at reducing prescription drug prices in the United States. This order builds upon…more

Competition, Department of Health and Human Services (HHS), Drug Pricing, Executive Orders, Medicare

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Tommy Lavender

Court of Appeals Upends Agricultural Permitting in South Carolina

The South Carolina Court of Appeals on Wednesday ruled that state regulator’s issuance of “no-discharge” permits for agricultural animal facilities under agriculture-specific regulations could not substitute for a “no potential…more

Agricultural Sector, Farm Animals, NPDES, Waste Disposal

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Jon Levin

GAO Bid Protest Annual Report to Congress for FY 2023

Last week, the U.S. Government Accountability Office ("GAO") published its much anticipated Bid Protest Annual Report to Congress for Fiscal Year 2023. GAO's annual report is required under the Competition in Contracting Act of…more

Annual Reports, Bid Protests, Contract Disputes, Document Productions, Federal Contractors

See all updates »

Warren Lightfoot Jr.

Work This Way: A Labor & Employment Law Podcast - Episode 39: Best Practices for Conducting RIFs and Layoffs with Jennifer Wheeler of Maynard Nexsen

Terminations and layoffs happen across all industries, regardless of economic conditions, making preparation essential for employers. Maynard Nexsen’s Jennifer Wheeler joins hosts Tina and Warren to discuss best practices for…more

Employer Liability Issues, Employment Policies, Hiring & Firing, Labor Reform, Trump Administration

See all updates »

Shannon Lipham

Changes Proposed by HHS to Strengthen HIPAA Security Rule

On January 6, 2025, the US Department of Health and Human Services Office for Civil Rights (“OCR”) issued a notice of proposed rulemaking (“Proposed Rule”) containing significant updates to the Security Rule under the Health…more

Business Associates, Cybersecurity, Data Protection, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI)

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James Long, III

South Carolina Court Decides Key Health Care Case - Physical therapists win in employment lawsuit

The South Carolina Supreme Court has decided a case with great significance in the health care industry. The court overturned a ban on physicians employing physical therapists and gave guidance regarding how state agencies make…more

Bad Faith, Conflicts of Interest, Due Process, Equal Protection, Health Care Providers

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Leighton Lord

What Lawyers and Public Relations Pros Can Learn from Each Other

In July, I wrote about the natural conflict between legal and public relations. Legal wants to win a case or obtain a permit while limiting the liability of the client. In other words, protect and achieve whatever specific…more

Public Relations, Young Lawyers

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Amanda Loveday

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 155: Amanda Loveday and Jesica Mackey, NP Strategy

NP Strategy’s public relations experts Amanda Loveday, Chief Operating Officer, and Jesica Mackey, Vice President, join us this week to discuss the firm’s work and expertise. Our guests share their advice and best practices for…more

Crisis Management, Defense Strategies, Health Care Providers, Life Sciences, Public Relations

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Robert Lyerly Jr.

New Treasury Proposed Regulations: Bad for family farms

In transferring the ownership of family farms to the next generation, it is common to take advantage of certain valuation discounts in making transfers. The Department of Treasury recently released proposed regulations under…more

Family Businesses, Farms, Gifts, Inheritance, IRC Section 2704

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Dennis Lynch

Employers are Subject to Criminal Antitrust Charges for Wage-Fixing and No-Poaching Agreements

On January 19, 2018, the Assistant Attorney General for Antitrust, Makan Delrahim, announced that in the coming months the Department of Justice (DOJ) expects to bring its first criminal antitrust charges involving agreements…more

Antitrust Violations, Department of Justice (DOJ), Federal Trade Commission (FTC), Hiring & Firing, Human Resources Professionals

See all updates »

Stephanie Lynge

Ensuring Adequate Compliance Mechanisms in the Wake of President Trump’s DEI-Related Initiatives

On January 21, 2025, President Donald Trump issued an Executive Order targeting diversity, equity, and inclusion (“DEI”) and diversity, equity, inclusion, and accessibility (“DEIA”) initiatives. On February 5, 2025, Attorney…more

Anti-Discrimination Policies, Attorney General, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employer Liability Issues

See all updates »

John Mabe Jr.

CONSTRUCTION CONTRACT REVIEW: Form Standards and Considerations

At Nexsen Pruet, we frequently review construction contracts and address concerns and questions about them. We negotiate, review, and customize contracts on everything from standard industry agreements—generally comprising…more

Construction Contracts, Construction Industry, Construction Project, Contract Disputes, Contract Terms

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Angus Macaulay

FTC’s Non-Compete Rule May Also Ban “Functional Non-Compete” Agreements – What are “Functional Non-Competes”?

There has been substantial publicity surrounding the Federal Trade Commission’s April 23, 2024 final rule banning traditional employee-employer non-compete agreements. This ban, if it survives pending legal challenges, would…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

See all updates »

Laura Mallory

New DOL Guidance for Employers on Responsible Use of AI in the Workplace

In response to the fact that “Artificial intelligence (AI) holds extraordinary potential for both promise and peril,” the Biden Administration issued an Executive Order in October 2023. As part of the Executive Order, on October…more

Artificial Intelligence, Best Practices, Department of Labor (DOL), Employee Rights, Employer Liability Issues

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Michael Mann

The America Invents Act, Ten Years After Enactment - Part 1: “First Inventor to File”

Ten years ago, on September 16, 2011, the America Invents Act (“AIA”) became law. This article is the second in a multi-part series of articles on the significant changes introduced by the AIA and the results of those changes…more

America Invents Act, Intellectual Property Protection, Inventions, Inventors, Patent Applications

See all updates »

Marcus Manos

April 2021 Fourth Circuit Tort & Insruance Cases of Interest

Periodically, Nexsen Pruet member Marc Manos, Chair-Elect of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the areas of tort &…more

Defamation, Indemnification, Insurance Claims, Insurance Industry, Insurance Litigation

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Chandler Martin

The Impact of CON Repeal, DHEC Changes, and Ongoing Considerations

South Carolina ASCs Have a Number of Changing Regulatory Requirements Pending – Stakeholders Should Take Notice - In May of 2023, the South Carolina General Assembly unanimously passed S. 164 and the Governor signed the…more

Ambulatory Surgery Centers, Anti-Kickback Statute, Health Care Providers, Hospitals, Physicians

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Claire Martin

A Primer on Health Reimbursement Arrangements

During a time when recruiting and retaining qualified employees is becoming more and more difficult, it is crucial for employers to consider (or even reconsider) their benefits offerings and determine if there are any…more

Affordable Care Act, Employee Retirement Income Security Act (ERISA), Internal Revenue Code (IRC), Medical Reimbursement, Reimbursements

See all updates »

Jonathan Massell

Cybersecurity in the Construction Industry. Know Your Risks and Take Steps to Protect your Company

The digital age has enabled the construction industry to utilize new technologies to increase efficiencies and become more streamlined. Electronic communications, online banking, automated systems and digital storage of key…more

Construction Industry, Cyber Attacks, Cybersecurity, Data Breach, Hackers

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Andrew Mathias

Supreme Court Imposes Substantial Limits on Federal Government’s Enforcement Powers

In a series of four opinions issued last week, the Supreme Court of the United States has severely limited: (1) the Department of Justice’s ability to prosecute certain offenses; (2) the Securities and Exchange Commission’s…more

Administrative Procedure Act, Chevron Deference, Chevron v NRDC, Government Agencies, Judicial Authority

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Burnet Maybank, III

The Buzz, An Economic Development Podcast | Episode 84: Tony Toups and Darian Harris, Advantage Capital

This week Kara Gormley Meador and Burnie Maybank, co-host of The Buzz, discuss investing in rural areas with Tony Toups, principal and member of senior management at Advantage Capital and Darian Harris, an associate on Advantage…more

Economic Development, Rural Areas, Rural Development

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David McCallum

Is a Form 1099-C Always Required When Settling Disputed Debts?

The potential tax consequences to a debtor and tax reporting obligations of a creditor can become a contentious issue when settling disputed debts, although the issue often arises as an afterthought once the primary settlement…more

1099s, Creditors, Debtors, Internal Revenue Code (IRC), IRS

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Anne Laurie McClurkin

ADA Compliance in Real Estate

Regardless of the industry, most business owners are familiar with Title I of the Americans with Disabilities Act (“ADA”) prohibiting disability discrimination in the employment context and enforced by the Equal Employment…more

Americans with Disabilities Act (ADA), Disability Discrimination, Equal Employment Opportunity Commission (EEOC), Public Accommodation, Reasonable Accommodation

See all updates »

Timothy McConnell

The NLRB Changes the Rules: The CEMEX Decision

CEMEX CONSTRUCTION MATERIALS PACIFIC, LLC - In August of this year, the National Labor Relations Board (“NLRB”) issued a seminal decision in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023), in which the…more

Cemex, Collective Bargaining, Employer Liability Issues, Labor Relations, NLRA

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Price McGiffert, Jr.

Alabama Legislative Summary: Economic Development

During this year’s session, the Alabama Legislature considered multiple pieces of legislation focusing on improving Alabama’s economic opportunities and long-term economic development vision…more

Economic Development, Legislative Agendas, State and Local Government, State Legislatures, State Taxes

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Kara Gormley Meador

The Buzz, A SC Economic Development Video Podcast | Episode 87: EVP of Columbia Chamber of Commerce, Henri Baskins

On episode 87 our host Kara Gormley Meador and Tushar Chikhliker are joined by Henri Baskins, Executive Vice President of the Columbia Chamber of Commerce. Henri leads the Minority Business Accelerator program in Columbia, SC…more

Economic Development, Minority-Owned Businesses

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Taylor Meek

Legislatures Nationwide Take Steps to Limit Property Ownership by Foreign Adversaries

Legislatures across the country are busy addressing numerous topics impacting individual and corporate interests from coast to coast. The Maynard Nexsen team regularly monitors legislation in all of the states where we maintain…more

CFIUS, Commercial Property Owners, Foreign Adversaries, Foreign Ownership, Governor DeSantis

See all updates »

Nikole Setzler Mergo

FTC Passes Final Rule Purporting to Invalidate Non-Compete Agreements and Lawsuit Immediately Ensues: Specific Implications for Healthcare Employers

On Tuesday, April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule which purports to prohibit employers from entering into new non-compete agreements with any employee, including senior executives. The rule,…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Final Rules, Non-Compete Agreements

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Brian Mills

US Space Force announces "Commercial Space Strategy" to increase competitive advantage

At the 39TH Space Symposium in Colorado Springs on April 10TH, Chief of Space Operations Gen. Chance Saltzman announced the US Space Force’s (USSF) blueprint for integrating private-sector capabilities. This blueprint, dubbed…more

Aerospace, China, Innovation, Investment, Outer Space

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Caitlin Mitchell

Are You Ready if Cupid Strikes at Your Company?

If romantic comedies have taught us anything, it’s that romance can blossom in the workplace, especially when colleagues spend a significant amount of time together. But the movies conspicuously omit the significant risks that…more

Anti-Harassment Policies, Employer Liability Issues, Employment Policies, Love Contracts, Sexual Harassment

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Mark Moore

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 210: Impacts of the Chevron Doctrine Ruling with Mark Moore and Michael Parente of Maynard Nexsen

This week, Heather and Matthew welcome their colleagues Mark Moore and Michael Parente, attorneys in Maynard Nexsen’s Government Investigations and White Collar Defense practice. We sit down to discuss their insights on the…more

Chevron Deference, Government Agencies, Health Care Providers, Life Sciences, Regulatory Authority

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Erin Cowan Mosley

North Carolina is “All In” on Sports Gambling

In 2018, the United States Supreme Court handed down its decision in the case of Murphy v. National Collegiate Athletic Association, overturning the Professional and Amateur Sports Protection Act (PASPA) and effectively opening…more

Gambling, Sports Betting, Sports Gambling, State and Local Government

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Christine Myatt

New North Carolina Commercial Receivership Act

Receiverships are a flexible, court-supervised tool that can help troubled companies and individuals with business debts avoid a lengthy bankruptcy proceedings. A receiver acts much like a bankruptcy trustee by assuming…more

Automatic Stay, Commercial Bankruptcy, Creditors, Debtors, Receivership

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John Neiman

Alabama Supreme Court Update: Decisions from April 11, 2025

The Alabama Supreme Court issued its weekly release list on Friday, April 11. The opinions of interest to the Alabama business community include the following..…more

Appeals, Business Entities, Business Litigation, Class Action, Commercial Leases

See all updates »

Angela O'Neal

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 200: Athlete Mental Health and Physical Conditioning With Dawn Staley

For our 200th episode, we are thrilled to welcome University of South Carolina Women’s Basketball Coach and Olympic Gold Medalist Dawn Staley back to the podcast! Fresh off the 2024 National Championship, Coach Staley shares how…more

Athletes, Bodily Injury, Life Sciences, Medical Research, Mental Health

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Matthew Ormiston

2019 Flood Insurance Update

In February 2019, the Office of the Comptroller of the Currency, the board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Farm Credit Administration, and the National Credit Union…more

Flood Insurance, Flooding, Insurance Industry, National Flood Insurance Program, Natural Disasters

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Garrett Owens

“Other Insurance” Issues with Additional Insureds and Indemnity

Excess insurance policies are generally written to be just that; they—through their “other insurance” provisions—purport apply in excess of other insurance available to the insured. In many jurisdictions, courts will commonly…more

Additional Insured, Commercial Insurance Policies, Contract Disputes, Excess Policies, Indemnity

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Rachael Padgett

NAIC Spring Meeting Update Part Two

As discussed in last week’s article, along with almost 3,000 regulators and insurance industry leaders, the Maynard Nexsen Insurance Regulatory team of attorneys attended the National Association of Insurance Commissioners…more

Affordable Care Act, Artificial Intelligence, Cybersecurity, Data Security, Health Insurance

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Michael Parente

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 210: Impacts of the Chevron Doctrine Ruling with Mark Moore and Michael Parente of Maynard Nexsen

This week, Heather and Matthew welcome their colleagues Mark Moore and Michael Parente, attorneys in Maynard Nexsen’s Government Investigations and White Collar Defense practice. We sit down to discuss their insights on the…more

Chevron Deference, Government Agencies, Health Care Providers, Life Sciences, Regulatory Authority

See all updates »

Thomas Parker

When Does My Patent Expire? A Quick Glance at Patent Term Adjustment Prior to the Outcome of Cellect

The term of a U.S. utility patent extends 20 years from the date of priority filing. However, the USPTO provides a guarantee of “prompt patent and trademark office response” that may allow the term to extend beyond the 20 year…more

Intellectual Property Protection, Patent Litigation, Patent Term Adjustment, Patents, USPTO

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Ashley Parr

Work This Way: A Labor & Employment Law Podcast - Episode 27: The Importance of Employment Counsel in Corporate Transactions with Laura Mallory and Ashley Parr of Maynard Nexsen

This week, Maynard Nexsen Labor & Employment attorneys Laura Mallory and Ashley Parr join hosts Tina and Christy to dive into the vital role employment counsel plays in corporate transactions. Laura and Ashley share employment…more

Acquisitions, Employer Liability Issues, Mergers, Wage and Hour

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David Parrish

Is a Contractor’s License and Building Permit Required to Install Industrial Manufacturing Equipment?

National and international manufacturing companies continue to open new manufacturing facilities, and expand their existing facilities, in North Carolina and South Carolina. This gives rise to the issue of whether the…more

Construction Contracts, Construction Industry, Construction Project, Contractors

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Madison Peace Nye

Despite FCPA Enforcement Pause, Anti-Corruption Should Remain a Compliance Priority

On February 10, 2025, President Donald J. Trump issued an Executive Order instructing the Department of Justice (DOJ) to temporarily pause Foreign Corrupt Practices Act (FCPA) enforcement and reconsider its enforcement practices…more

Anti-Bribery, Anti-Corruption, Compliance, Corporate Governance, Corporate Misconduct

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Brian Pearce

Moratoriums Now in Place and New Requirements Imposed Restricting Options for Landlords When Tenants Fail to Pay Amounts Due Under Leases

On Saturday, May 30, 2020, North Carolina Governor Roy Cooper issued Executive Order No. 142 and North Carolina Supreme Court Chief Justice Cheri Beasley issued Emergency Directives 17, 18, and 19. Professionals in the North…more

Coronavirus/COVID-19, Eviction, Landlords, Leases, Moratorium

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Ernest Pearson

For-Profit Economic Development Corporations

The above title is not a misprint! Every economic development professional is quite familiar with the utilization of non-profit economic development corporations as a tool in economic development efforts. In North Carolina…more

Economic Development, Exemptions, For-Profit Corporations, Investors

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Carl Petkoff

Revamped Enforcement Policies and Priorities at the CFPB

During the past year, we were often reminded by people from all sides of the political spectrum that “elections have consequences.” This is particularly true for financial institutions as the Consumer Financial Protection Bureau…more

Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Financial Institutions, Financial Services Industry

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Sean Phelan

The CARES Act’s Paycheck Protection Program Expands the SBA 7(a) Loan Program

For the many small and mid-size businesses impacted by the coronavirus pandemic, the recent CARES Act and other legislation adopted in earlier March 2020 offers businesses various resources for support to sustain business…more

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

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Brock Phillips

Department of Labor’s Salary Threshold Increase Faces Legal and Political Challenges

As we previously covered, the United States Department of Labor issued a final rule on April 23, 2024 that increases the minimum salary threshold for the FLSA’s familiar white-collar overtime exemptions. Effective, July 1, 2024,…more

Department of Labor (DOL), Exempt-Employees, Highly Compensated Employees, Minimum Salary, Over-Time

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David Pokela

COVID-19 IN NORTH CAROLINA: Winning the Breach of Contract Fight over Force Majeure, Impossibility and Frustration of Purpose

As the Covid-19 pandemic continues in North Carolina, contracts – whether they are real estate, construction or other commercial contracts – are all at risk of non-performance by one of the parties. Inevitably, non-performance…more

Breach of Contract, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Nonperformance

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Jim Pool

The Alabama Community Pharmacy Relief Act: Key Provisions and Legislative Journey

Introduction The Alabama Community Pharmacy Relief Act, Senate Bill 252, has successfully passed the Alabama Senate and is now advancing to the House for consideration. This legislation aims to regulate pharmacy benefits…more

Drug Pricing, Health Insurance, Medicaid, New Legislation, Pharmacies

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Joel Porter

Senate Finance Committee Explores Policy Solutions for Medicare’s Physician Fee Schedule

On April 11, 2024, the Senate Finance Committee met to address declining doctors’ pay related to Medicare’s Physician Fee Schedule (“PFS”) and Medicare fee-for-service. Physician groups have estimated physicians “were…more

Health Care Providers, Medicare, Medicare Part B, Physician Fee Schedule, Provider Payments

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Rick Reames, III

Tax Refunds in South Carolina? Don’t Plan On (Much, If Any) Interest.

One little known fact in South Carolina business and politics is that every year the South Carolina General Assembly uses a budget proviso to deny taxpayers interest that should be paid on tax refunds. Instead, the interest that…more

Department of Revenue, Interest Rates, State Budgets, Tax Refunds

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Jeffrey Reichard

Mitigating the Effect of Construction Price Escalations

Over the past year, the volatility of construction material prices has wreaked havoc on construction budgets and caused many disputes between owners, general contractors, subcontractors, and material suppliers. For example,…more

Construction Industry, Construction Project, Contractors, Federal Acquisition Regulations (FAR), Subcontractors

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Garrett Reinhart

Key Health Care Issues to Track in 2025 in the Carolinas

Following a year of significant regulatory changes and market realignments, the health care landscape in North and South Carolina continues to undergo significant transformation driven by federal policy shifts, state legislative…more

Artificial Intelligence, Certificate of Need, Children's Health Insurance Program (CHIP), Health Insurance, Healthcare Reform

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Rhett Ricard

WARN Act Considerations in an Uncertain Economy

Jenny Craig is a well-known weight management and nutrition company. It recently announced it is going out of business after 40 years. More importantly for this update, though, is that Jenny Craig is also facing a class action…more

Employer Liability Issues, Hiring & Firing, Layoff Notices, Layoffs, Notice Requirements

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Ashlee Riopka

Burden at the Crossroads: Pizarro Paves the Way for Potential Supreme Court Review

ERISA breach of fiduciary duty class actions have surged in recent years, prompting courts to grapple with complex questions about how these claims should be pleaded and litigated. Among the most consequential and unresolved…more

401k, Appeals, Burden of Proof, Class Action, Employee Benefits

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Neal Robbins

NC Legislative Update: April 15, 2019

The House continued to introduce new legislation this week in anticipation of their April 23rd bill filing deadline. Since the Senate’s bill filing deadline passed, they have focused on moving legislation though committee. The…more

Appeals, Electric Vehicles, Health Care Providers, Helmet Laws, Legislative Agendas

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Matthew Roberts

Taking the Pulse: A Health Care and Life Sciences Video Podcast | Episode 232: Commercial Real Estate for Life Sciences Companies with Vinnie Durand of Savills

Recorded at SCbio’s 2025 annual conference, Heather Hoopes Matthews and Matthew Roberts welcome Vinnie Durand of Savills, one of the world’s leading property advisors. They discuss the exponential growth of the life sciences…more

Business Development, Healthcare Facilities, Life Sciences, Professional Development, Real Estate Market

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Bobby Robinson

8 Reasons Why Your Business Needs a Trademark

As a social media and trademark attorney, I often get asked this question: Do I need a trademark for my business name and/or my specific products or services? And, the typical legal answer still applies – it depends!…more

Intellectual Property Protection, Trademark Registration, Trademarks, USPTO

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Brandon Robinson

FCC Issues Series of Warnings, Resources about Scams

The FCC has issued a series of alerts and resources for common scams for which they have received complaints. The scams often leverage personal information obtained from social media accounts or cybercriminals and rely on…more

FCC, Fraud, Robocalling, Scams, Telemarketing

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David Robinson

U.S. Trade Representative (USTR) proposing changes to the Section 301 Tariffs on certain imports from China

The U.S. Trade Representative (USTR) is proposing changes to the Section 301 Tariffs on certain imports from China and the public has until Friday, June 28, 2024 at 11:59 PM EST to comment. The USTR is proposing..…more

China, Imports, Section 301, Tariffs, Trade Relations

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Amy Rodenberger

White House Issues New National Security Memorandum on Critical Infrastructure

On April 30, 2024, the White House announced that President Biden signed a new critical infrastructure memorandum, titled National Security Memorandum on Critical Infrastructure Security and Resilience ("NSM-22"). This new…more

Critical Infrastructure Sectors, Cyber Attacks, Cybersecurity, Cybersecurity Information Sharing Act (CISA), National Security

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Christy Rogers

Work This Way: A Labor & Employment Law Podcast - Episode 31: Trade Secrets and Protecting Confidential Information with Jennie Cluverius of Maynard Nexsen

In this episode, our very own Jennie Cluverius sits down with Tina and Christy for part 1 of an in-depth conversation on how employers can protect their most confidential information from misappropriation. Jennie shares her…more

Confidential Information, Data Preservation, Employer Liability Issues, Hiring & Firing, Intellectual Property Protection

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Jeffrey Rogers

Preparing for Changes in the SEC’s Filing System

On March 24, 2025, “EDGAR Next”—the updated online platform by which companies and individuals can access and manage their EDGAR accounts—goes live. Professionals who regularly make EDGAR filings on behalf of companies or…more

Disclosure Requirements, EDGAR, Filing Requirements, Regulatory Requirements, Reporting Requirements

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Sara Rogers

6 Things to Know About Certified Medical Assistants Under South Carolina Law

In 2022, the South Carolina General Assembly enacted Act No. 171, which made several changes to the landscape surrounding delegation of medical tasks to unlicensed medical personnel and medical assistants. The new law defined a…more

Health Care Providers, Medical License, Physicians, Unlicensed Medical Providers

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Jonathan Ross

Eleventh Circuit Reaffirms Requirement that a Party Must Stand in Contempt Before Seeking to Appeal an Order Enforcing a Subpoena

On October 16, 2024, the Eleventh Circuit issued an opinion in In Re: Grand Jury Investigation (Sealed) reaffirming and, arguably, expanding the longstanding requirement that a party may not seek to appeal an order requiring…more

Criminal Investigations, Grand Juries, Investigations, Subpoenas

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Jim Rourke

DOL Prioritizes SECURE ACT 2.0 in 2024 Budget Proposal

At the end of March 2023, the Department of Labor (DOL) published its budget proposal for fiscal year 2024. Though met with little fanfare, the DOL is seeking close to $5 Million dollars and twelve full-time employees to begin…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Retirement Plan, SECURE Act

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Ben Roxborough

Latest Precedential Claim Construction Cases

Two recent precedential decisions of the Federal Circuit provide guidance on the contours of claim construction; more specifically, when intrinsic evidence is sufficient to determine claim meaning and when something…more

Claim Construction, Intellectual Property Protection, Patent Litigation, Patents

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Carrie Rupprath

NAIC Spring Meeting Update Part One

The Maynard Nexsen Insurance Regulatory team of attorneys attended the National Association of Insurance Commissioners (NAIC) Spring National Meeting held on March 23-26 in Indianapolis, Indiana. As expected, regulators,…more

Artificial Intelligence, Insurance Industry, Insurance Regulations, NAIC, Property Insurance

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Andrew Saleeby

SC and NC Department of Revenue Responses to COVID-19

Since it was first reported to the World Health Organization on December 31, 2019, the novel Coronavirus has and continues to wreak havoc on a global scale unseen in our lifetime. The COVID-19 pandemic has decimated global…more

Coronavirus/COVID-19, Department of Revenue, Governor McMaster, Income Taxes, State and Local Government

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Peter Santos

Contract Considerations in Dealing with Foreign Entities

On December 14, Nexsen Pruet attorneys Peter Santos, Christy Myatt, and David Garrett led a presentation to members of the Association of Corporate Counsel Research Triangle Area. The team explored how more than 10,000…more

Arbitration, Contracts for the International Sale of Goods (CISG), Dispute Resolution, Export Controls, Foreign Corrupt Practices Act (FCPA)

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Giles Schanen

NLRB Extends Effective Date of Joint Employer Rule in Wake of Legal Challenges

The National Labor Relations Board (“NLRB”) recently announced that the effective date of its new “joint employer” final rule will be postponed by two months as a result of several legal challenges to the rule. The final rule,…more

Employer Liability Issues, Final Rules, Joint Employers, NLRA, NLRB

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Vincent Schilleci, III

FinCEN Issues Interim Final Rule Exempting U.S. Entities from Beneficial Ownership Reporting Requirements Under Corporate Transparency Act

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued a final interim rule that removes the reporting requirements for U.S. companies and U.S. citizens from the beneficial ownership information (BOI)…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Disclosure Requirements, Exemptions

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David Senter

"Substantial Completion": Different Strokes for Different Folks??

Due to a recent decision of the North Carolina Court of Appeals, there now exists the potential for some uncertainty as to the time limits to assert claims related to a construction project. Specifically, that potential…more

Construction Industry, Construction Project, Contractors, Subcontractors

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Todd Allen Serbin

Tool or Inventor? – Inventorship Pitfalls When Using AI in R&D

Generative AI is a subset of artificial intelligence that enables machines to generate content, such as words, images, voice, and even synthetic data. While Generative AI is relatively new technology, its origins from text-based…more

Artificial Intelligence, Intellectual Property Protection, Inventors, Legal Technology, Machine Learning

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Alexander Serkes

Local Board’s Short-Term Rentals Decision Reversed on Vagueness Grounds, and SCOTUS Issues Opinion Involving Property Taxes and the Takings Clause

NC/SC Real Property Case Law Update: In the first article of this series we discussed North Carolina Court of Appeals opinions published on June 1, 2023. That day the Court of Appeals also published an opinion affirming…more

Fifth Amendment, Foreclosure, Short-Term Lease, Takings Clause, Vacation Rentals

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Mary Shahid

Is The WOTUS Carousel Finally Stopping Post-Sackett?

On July 12, 2023, Shortly after the Supreme Court’s ruling in Sackett v. Environmental Protection Agency, EPA and the Department of the Army issued a letter advising the ranking member of the Senate’s Committee on Environment…more

Clean Water Act, Environmental Protection Agency (EPA), Navigable Waters, Sackett v EPA, SCOTUS

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Brandon Sherman

The FTC announces it has finalized an updated version of its Endorsement Guides.

On July 26, 2023, the Federal Trade Commission (“FTC”) adopted revised Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsement Guides”). 88 FR 48092 (July 26, 2023). While the FTC has had…more

Endorsements, Federal Trade Commission (FTC), FTC Endorsement Guidelines, Social Media

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Cheryl Shoun

COVID-19 in South Carolina: Winning the Breach of Contract Fight Over Force Majeure, Impossibility and Frustration of Purpose

As the novel coronavirus has and continues to wreak havoc on so many lives, so does it affect contracts, whether they be those between landlord and tenant, buyer and seller, or otherwise. As addressed by my esteemed colleague…more

Breach of Contract, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Frustration of a Common Purpose

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John Skvarla III

NC Public Policy Update: 2018 Midterm Election

The 2018 General Election has come and gone, that means no more campaign advertisements for at least a little while, and several new faces in Raleigh for the 2019-2020 North Carolina General Assembly. A total of 3,692,509…more

Constitutional Amendment, General Elections, Political Campaigns, Political Candidates, Public Policy

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Kirsten Small, CIPP/US

When It Comes to Cybersecurity, Passwords are Passé

In the ever-changing landscape of data security, it is increasingly clear that law firms of all sizes, from the one-lawyer shop to the 1,000-lawyer megafirm, are being targeted by hackers. As the methods used to gain access to…more

Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach, Data Privacy

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George Smith, III

CFIUS & Foreign Direct Investment in Economic Development Projects

On February 21, 2025, President Trump issued the America First Investment Policy Memorandum, which promotes foreign investment in the United States from allies yet also signals restrictions for certain investments in technology,…more

Acquisitions, Biden Administration, CFIUS, Economic Development, Foreign Direct Investment

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Harrison Smith

Decisions Expand Scope of Business Owners’ Policy Exclusion

In the age where cling wrap doesn’t cling and “shrinkflation” is a necessary portmanteau, it’s rare to get more. This is especially true for insurers, whose policies are construed against them when ambiguous, and particularly…more

Appeals, Business Litigation, Commercial Insurance Policies, Employer Liability Issues, Insurance Claims

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R. Harrison Smith, III

Lessons for Employers from Commodity Trader’s Conviction Under Foreign Corrupt Practices Act

On February 24, 2024, a federal jury in New York convicted former oil and gas trader Javier Aguilar of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), violating the FCPA, and conspiracy to commit money…more

Dodd-Frank, Foreign Corrupt Practices Act (FCPA), Money Laundering, Whistleblower Awards, Whistleblowers

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David Spratley

Project Catalyst: An Economic Development Podcast | Episode 12: Powering Economic Development with Andrew Tate of Duke Energy

Tina and David welcome Andrew Tate, the Economic Development Director at Duke Energy in North Carolina, to discuss one of the most pressing issues in economic development: the availability of power. We explore the growing energy…more

Artificial Intelligence, Clean Energy, Data Centers, Electric Vehicles, Energy Sector

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Val Stieglitz

Tips to Help Chinese Businesses Navigate the U.S. Litigation Environment

The U.S. litigation environment is very challenging for any business – but is especially challenging for Chinese businesses. Vast differences in legal culture, procedure, and legal remedies can jeopardize the success of Chinese…more

Discovery, Evidence, Foreign Corporations, International Litigation, Litigation Strategies

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Lisa Sumner

Creditors Beware: Bankruptcy Stay May Shield Property Possessed but Not Owned by Debtor

The automatic stay triggered by a bankruptcy filing may protect the debtor’s residence even if the debtor does not own the property, according to a recent decision from a New York-based federal appeals court…more

Automatic Stay, Bankruptcy Code, Chapter 7, Debtors, Foreclosure

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Mitchell Surface

Prescription Revolution: Trump’s Bold Move to Slash Drug Prices

An Overview of the Executive Order on Lowering Drug Prices - On April 15, 2025, President Donald J. Trump signed an Executive Order aimed at reducing prescription drug prices in the United States. This order builds upon…more

Competition, Department of Health and Human Services (HHS), Drug Pricing, Executive Orders, Medicare

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Sara Svedberg

Recent Case is a Reminder How “No Fault” Attendance Policies Can Put Employers at Risk

Absenteeism is a constant issue for employers, draining resources and causing loss of productivity. One way many employers try to reduce costs of tracking unexcused absences is through “no-fault” attendance policies, in which…more

Employee Handbooks, Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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Roger Swartzwelder

U.S. Department of Education Issues Proposed Regulations

Formal Package Addresses Gainful Employment and Financial Value Transparency, Financial Responsibility, Administrative Capability, Certification and Ability to Benefit..…more

Department of Education, Educational Institutions, Gainful Employment, Student Loans, Students

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Carlee Taber

Why Employers Should Consider Implementing an AI Policy and How to Do It

Employers across industries can benefit from a proactive and controlled approach to AI utilization. AI is a useful tool with the potential to improve efficiency and processes for employers and employees alike. However, it is not…more

Artificial Intelligence, Data Protection, Employer Liability Issues, Machine Learning

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Chris Gonzalez-Tablada

SBA JV Agreements: Continued Awareness is Key to Avoiding Compliance Risks

As many contractors have known for quite some time, the U.S. Small Business Administration (“SBA”) regulations provide detailed requirements for joint venture agreements, and failure to meet any of the regulatory requirements…more

Contractors, Final Rules, Joint Venture, Project Management, Regulatory Requirements

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Ric Tapp

Legislative Update 2013 -- SC Tax Incentives Legislative Update

In This Presentation: - A.Economic Development: 1.Film 2.Port 3.Abandoned Buildings 4.Angel Investors 5.Nascar/Darlington Speedway 6.Unemployment Insurance - B.Practice and…more

Abandoned Property, Angel Investors, Bonds, Economic Development, Movies

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Rebecca Thornhill

Georgia Health Law Update: CON Reform

The Georgia General Assembly passed reforms to Georgia’s Certificate of Need (“CON”) in H.B. 1339, which was signed into law by Governor Kemp on April 19, 2024, and went into effect on July 1, 2024. While the changes are…more

Community Health Systems, Health Care Providers, Healthcare Facilities, State and Local Government

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Paul Topolka

Letters and Notices from the IRS are Coming – What You Need to Know

Given the recent expiration of the IRS’s People First Initiative on July 15, the return of IRS employees to offices and service centers, and this news release reminding taxpayers that collection activities would start resuming…more

Income Taxes, Internal Revenue Code (IRC), IRS, Popular, Tax Levy

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Michael Traynham

EPA to Hold Listening Sessions for Stakeholders on Implementation of Sackett

Beginning on April 29, 2025, the EPA will hold a series of six listening sessions to receive input from stakeholders on key topics related to the regulation of “waters of the United States” (or “WOTUS”) in the wake of the U.S…more

Clean Water Act, Environmental Policies, Government Agencies, Public Comment, Regulatory Reform

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Karen Tsui

Can ERISA Plans Avoid California Insurance Code Section 10110.6 with Choice-of-Law Provisions?

The Ninth Circuit is considering the enforceability of a choice of law provision in an ERISA plan in William White v. Guardian Life Insurance Company, et al., Case No. 24-2681, appeal pending from the United States District…more

California, Choice-of-Law, Contract Terms, Denial of Insurance Coverage, Employee Benefits

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Chase Turnbull

Lessons in Limitation – Contractual Limitations Provisions as a Basis for Summary Judgment

In recent weeks, our firm obtained summary judgment under a contractual limitations provision that the plaintiff-insured argued had been equitably tolled due to the insurance carrier’s conduct. Although the good guys won, the…more

California, Contract Terms, Denial of Insurance Coverage, Insurance Claims, Insurance Industry

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Madeline Turner

FinCEN Issues Interim Final Rule Exempting U.S. Entities from Beneficial Ownership Reporting Requirements Under Corporate Transparency Act

On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued a final interim rule that removes the reporting requirements for U.S. companies and U.S. citizens from the beneficial ownership information (BOI)…more

Beneficial Owner, Business Entities, Corporate Transparency Act, Disclosure Requirements, Exemptions

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Caitlin Walker

New Year, New Filings, New Regulatory Burdens and Compliance Costs, Oh My!

The Corporate Transparency Act’s Effects on Economic Development Projects. For new economic development projects, it is common for a company to form a new entity as a subsidiary to undertake the project. This custom is…more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Filing Requirements, Financial Crimes

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R. Bruce Wallace

Here’s Soot in Your Eye – Wildfires without Property Damage

The California Court of Appeal, Second Appellate District, just released an opinion in Gharibian v. Wawanesa General Insurance Co. addressing insurance bad-faith claims arising out of the California wildfires in 2019. …more

Appeals, Bad Faith, Breach of Contract, California, Insurance Claims

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Amelia Waring

Proposed Tort Reform Legislation in South Carolina: Insurance Industry Perspective

Comprehensive tort reform legislation is on the agenda for the 2025-2026 legislative session in South Carolina. Senate Bill S. 244 was introduced in January 2025 and recently debated in the Senate Judiciary subcommittee. The…more

Damages, Insurance Claims, Insurance Industry, Insurance Litigation, Liability

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Jim Warren

Work This Way: A Labor & Employment Law Podcast - Episode 21: Economic, Industry, and Workforce Development in the City of Greenville with Mayor Knox White

In a special crossover episode with Project Catalyst, hosts Tina, Jennie, and Jim are joined by Greenville, South Carolina Mayor Knox White at the Greenville SHRM conference. With decades of experience leading the charge of…more

Employee Benefits, Employer Liability Issues, Employment Policies, Labor Regulations, State and Local Government

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J. Andrew Watson, III

Legislatures Nationwide Take Steps to Limit Property Ownership by Foreign Adversaries

Legislatures across the country are busy addressing numerous topics impacting individual and corporate interests from coast to coast. The Maynard Nexsen team regularly monitors legislation in all of the states where we maintain…more

CFIUS, Commercial Property Owners, Foreign Adversaries, Foreign Ownership, Governor DeSantis

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Carter Wells

2025 Alabama Legislative Update: Regular Session - Week Nine

App Store Regulation and Device Filters - On Thursday, the Senate passed legislation, sponsored by Senator Clyde Chambliss, regarding app store regulation. Under this legislation, parental permission is required before a…more

Alabama, App Store, Economic Development, Immigration Procedures, Mobile Apps

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Angel West

The Legal Landscape for AI-Enabled Decisions for Health Care Claims and Coverage Continues to Evolve: From Litigation to Emerging Legislation

With all the hype around AI, business partners and legal professionals are scrambling to understand, adapt, and possibly implement the rapidly changing technology. From a business perspective, the excitement around AI with its…more

Algorithms, Artificial Intelligence, California, Data Privacy, Health Care Providers

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Travis Wheeler

DOJ Withdraws Healthcare Guidance and Safe Harbors

On February 3, 2023, The Department of Justice (“DOJ”) announced the withdrawal of three antitrust policy statements related to the healthcare industry, which collectively created numerous longstanding “safe zones” for…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Hospital Mergers, Mergers, Safe Harbors

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Bryony Whitaker

Ninth Circuit Upholds No Bad Faith Ruling in Third-Party Insurance Case

With an increasing trend of nuclear excess verdicts around the country against individuals unable to pay millions of dollars, third-party bad faith lawsuits are on the rise. Frequently, attorneys will represent a plaintiff in an…more

Appeals, Bad Faith, California, Car Accident, Insurance Litigation

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William Wilcox, IV

New Year, New Changes to North Carolina's Business Annual Report Laws

Businesses and corporate attorneys take note: Effective January 1, 2018, there will be a major change to the Business Annual Report filing requirements in North Carolina…more

Filing Requirements, IRS, Reporting Requirements, Tax Returns

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William Wilkins

Work This Way: A Labor & Employment Law Podcast - Episode 20: Tips for Court Cases with Judge Dennis and Judge Wilkins of Maynard Nexsen

On episode 20, hosts Tina and Cherie welcome Maynard Nexsen attorneys and former Judges Markley Dennis and Billy Wilkins, both of whom had long careers as public servants. Judge Dennis and Judge Wilkins share their best…more

Defense Strategies, Employer Liability Issues, Employment Litigation, Judges, Litigation Strategies

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Erica Williamson Barnes

Work This Way: A Labor & Employment Law Podcast | Episode 43: How Employers Can Navigate White Collar Crime with Erica Barnes & Christian Dysart of Maynard Nexsen

In this episode, Tina and Jennie welcome Maynard Nexsen attorneys Erica Barnes and Christian Dysart to explore the intersection of white collar crime and employment and labor law. They share insights on how employers can prepare…more

Employee Misconduct, Employer Responsibilities, Employment Policies, Government Investigations, Policies and Procedures

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Marguerite Willis

Taking the Pulse, A Health Care and Life Sciences Podcast | Episode 100: Marguerite Willis, Nexsen Pruet Attorney

For this very special 100th episode of Taking the Pulse, we're joined by Nexsen Pruet attorney Marguerite Willis. Marguerite is a highly experienced litigator, and was featured on the cover of the latest Super Lawyers Magazine…more

Antitrust Violations, Criminal Penalties, Department of Justice (DOJ), Health Care Providers, Hiring & Firing

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Patrick Wilson

Work This Way: A Labor & Employment Law Podcast | Episode 12: Understanding Unions with Patrick Wilson, Maynard Nexsen Attorney (Part 2)

In this two-part series, Maynard Nexsen labor & employment attorney Pat Wilson joins hosts Tina and Christy to discuss what employers should understand about unions and how they can address them. In this episode, we have a…more

Election Results, Employer Liability Issues, Employment Policies, NLRB, Political Expression

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Caleb Wolanek

Global Coverage, Global Jurisdiction? Analyzing Efforts to Expand Personal Jurisdiction Over Insurers

Across the United States, courts disagree about where an insurance company may be subject to personal jurisdiction. For instance, is a territory-of-coverage provision relevant to personal jurisdiction? What about registering to…more

Appellate Courts, Breach of Contract, Constitutional Challenges, Due Process, Fourteenth Amendment

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La Keisha Wright Butler

Acting NLRB General Counsel Rescinds Several GC Memos, including Guidance on Restrictive Covenants

On February 14, 2025, newly appointed National Labor Relations Board Acting General Counsel William Cowen issued a General Counsel memorandum rescinding several memoranda issued by prior NLRB GC Jennifer Abruzzo. Among of…more

Employee Rights, Employer Liability Issues, Employment Contract, Employment Litigation, Employment Policies

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Mary Caroline Wynn

The Art and Strategy of Interpleader Actions

Resolving competing claims to insurance proceeds can become a complex and costly endeavor for an insurer without the proper strategies. Fortunately, the interpleader remedy offers a streamlined, efficient solution for…more

Attorney's Fees, Insurance Claims, Insurance Litigation, Interpleaders, Jurisdiction

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David Yang

Hello Q4: SBA Clarifies 8(a) Sole Source Rules, Individual 8(a)s Have More Options for Larger Awards

The government's fiscal year ("FY") is coming to an end on September 30, which means the need for agencies to spend "use it or lose it" contracting dollars will steadily increase over the next couple of months. And, while the…more

8(a) Program, Amended Regulation, Department of Defense (DOD), DFARS, Federal Contractors

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