Publications
Search publications by practice and/or author below. Scroll down the page to peruse publications authored by Nexsen Pruet attorneys.
Employment Law Update--December 2007 Special Immigration Edition
December 11, 2007
This edition gives a status report on the Department of Homeland Security's rule, announced in August 2007, addressing what employers should do upon receipt of a "no-match" letter from the Social Security Administration. Implementation of the rule was recently enjoined by a federal judge, and DHS is working on a revised rule. The article goes on to provide pointers on what employers can do in response to no-match letters pending publication of the revised rule.
Are We Worthy?
John F. Emerson
The SciTech Lawyer  December 2007
As law firms become accustomed to handling more and more electronically stored information (ESI), many are discovering, if their clients have not already done so, that the security of their document husbandry is sometimes light years behind that of their clients.
Employment Law Update - December 2007
December 2007
The end of the year and the accompanying holidays often bring requests by employees for time off for the religious observances and requests to display religious symbols at work.
Insurance Policies - Are you Adequately Covered?
October 2007
Broad Overview of Estate Planning
2007
Estate planning is more than just the preparation of a Will. A comprehensive estate plan is an essential component of a client’s overall financial plan.
Cases Pertinent to Act No. 111 of 2007
October 2007
Article prepared for handout materials at South Carolina Bar CLE on September 7, 2007 and for handout materials at 31st Annual Educational Conference on Workers’ Compensation, October 22, 2007.
Employment Law Update - September 2007
September 2007
This edition analyzes a recent court decision that clarified how to apply the standard for summary judgment to claims alleging intentional infliction of emotional distress.
Construction Law Alert - August 2007
August 14, 2007
Retainage reform has come to North Carolina. The General Assembly has ratified Senate Bill 1245, entitled "An Act Amending the Laws Related to Retainage Payments on Public Construction Contracts."
Employment Law Update - August 2007
August 7, 2007
On July 3, 2007, a divided panel of the U.S. Court of Appeals for the Fourth Circuit reinstated a decision it rendered in 2005, but later vacated, that employers cannot enforce a release of claims under the Family and Medical Leave Act (FMLA) unless the release has been approved by a court or the U.S. Department of Labor (DOL).
Employment Law Update - Special Employee Handbook Edition
July 18, 2007
Under recent case law, policies about common workplace issues such as confidentiality, complaints, solicitation, and fraternization may violate employee rights protected by the National Labor Relations Act (NLRA) - regardless of whether the employees belong to a union.
Employment Law Update - July 2007
July 2007
On May 29, 2007, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 limits the damages an employee can recover when isolated discriminatory acts from the distant past result in disparity in the employee's current level of pay.
On July 25, 2007, Governor Sanford signed a bill that makes a number of changes to South Carolina workers' compensation system. Most of the changes apply to claims for injuries occurring on or after July 1, 2007.
Workers’ Compensation in South Carolina
July 2007
Published by South Carolina Chamber of Commerce. This series began in 1990. The most recent edition (the 5th) was published in July of 2007.
New Workers’ Compensation Legislation for South Carolina
2007
Article prepared for the South Carolina Workers’ Compensation Educational Association newsletter, Chronicles, Summer Edition, 2007.
Employment Law Update - June 2007
June 2007
On April 10, 2007, the IRS issued its final regulations interpreting the nonqualified deferred compensation requirements of Internal Revenue Code Section 409A. The 400 pages of regulations take effect on January 1, 2008. Employers should begin to plan for compliance by year-end because all plans and arrangements subject to Section 409A must be in full documentary and operational compliance by December 31, 2007.
Also, on May 25, 2007, President Bush signed legislation raising the federal minimum wage from the current $5.15 an hour to $5.85 an hour effective July 24, 2007; to $6.55 an hour effective July 24, 2008; and to $7.25 an hour effective July 24, 2009. This is the first increase in the federal minimum wage in ten years.
Don't Let Company Wellness Programs Throw HIPAA Out
Suzanne Guitar Odom
South Carolina Business June 1, 2007
Wellness programs appear to be the wave of the future. More and more companies are adopting wellness programs to control rising health care cost for their employees.
Employment Law Update - May 2007
May 2007
A plaintiff must ordinarily demonstrate replacement by someone outside his or her protected class to establish a prima facie case of employment discrimination. In Lettieri v. Equant, Inc., 478 F.3d 640 ) 4th Cir. 2007), however, the Fourth Circuit Court of Appeals recently recognized an exception to this requirement when the termination and replacement decisions were made by different people.
Property Insurance: Covered Causes of Loss and Excluded Perils
James W. Bryan
Chapter in Defense Research Institute publication entitled, Construction Defects Claims and Coverage May 2007
Dominant features of property insurance are the covered causes of loss and the excluded perils. This is true for commercial property policies including builders risk, as well as homeowners policies. These features are the focus of this chapter.
Employment Law Update - April 2007
April 2007
Are you tired of skyrocketing insurance costs? Do you control these costs without cutting back on the benefits your employees receive? Are you interested in making your employees more accountable for their health and the impact their health has on your insurance costs?
Amicus Curiae brief in the Supreme Court of North Carolina on behalf of the Trucking Industry Defense Association, North Carolina Farm Bureau Mutual Insurance Company, Inc., v. Terry Davis Armwood, Jr.; Et al.
April 2007
Less Paper, More Danger?
SC Lawyer March 2007
The U.S. Supreme Courtapproved amendments to the Federal Rules of Civil Procedure pertaining to discovery of electronically stored information (ESI) that took effect on December 1, 2006.
Rule 608 Civil Court Appointments: Does Unfunded Mean Unconstitutional?
SC Lawyer March 2007
How can the legal profession and the State equitably and responsibly balance the public service aspect of the profession with the business realities of lawyering?
Employment Law Update - March 2007
March 2007
With the political shift in Congress, several important labor or employment laws may change significantly.
Employment & Labor Law Desk Reference For The Carolinas
Employment & Labor Law Practice Group
February 2007
Employment Law Update - February 2007
February 2007
In Ross v. Ligand Pharmaceuticals, Inc (Dec. 21, 2006), the South Carolina Court of Appeals ruled that an employer's incentive compensation plan violated the South Carolina Payment of Wages Act because the plan did not provide a date certain when incentive payments would be made.
Employment Law Update - January 2007
January 2007
Amendments to Rule 26 of the Federal Rules of Civil Procedure pertaining to the exchange of electronic data during course of litigation went into effect on December 1, 2006.
Procurement Law Update - January 2007
January 2007
Procurement Laws Revamped: Changes impact how businesses do work with state and contract dispute process.
Summary of Act No. 111 of 2007
2007
Article distributed as handout at each of the presentations on workers’ compensation reform listed in the next section.
Job Development Credits, Jobs Tax Credits and Other Enterprise Zone Benefits - 2007
January 2007
This brochure highlights the principal benefits available to qualifying South Carolina businesses under the South Carolina Enterprise Zone Act, as modified by the Economic Development Industrial Cluster Act of 1996 and the Rural Development Act of 1996 (as so modified, and as amended, the “EZA”).
Negotiated Fees In Lieu of Taxes and Special Source Revenue Bonds/Credits in SC - 2007
January 2007
This brochure outlines the basic structure of the negotiated Fee in Lieu of Taxes ("FILOT") and Special Source Revenue Bond/Credit programs in South Carolina, each of which relates to property taxes for qualifying businesses.
Industrial Revenue Bonds in SC - 2007
January 2007
This brochure provides an overview of financing with industrial revenue bonds (“IDBs” or “bonds”) and presents the basic facts and concepts in simple terms.
South Carolina Nonprofit Corporate Practice Manual
January 1, 2007
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