Publications

April 12, 2017
April 11, 2017
April 11, 2017
April 4, 2017
Spring 2017
Transportation Industry Newsletter, The Transportation Newsletter
April 4, 2017
So, You Want To Be In Federal Court?, Transportation Industry Newsletter
April 4, 2017
February 27, 2017
February 23, 2017
February 10, 2017
January 27, 2017
January 17, 2017
Coming Soon: Mandatory New I-9 Form, The Inside Perspective
January 10, 2017
Life After Obamacare – Part III, Health Care Law Note
Implications for North Carolina Medicaid
January 4, 2017
January 4, 2017
January 4, 2017
January 4, 2017
Winter 2017
Transportation Industry Newsletter, The Transportation Newsletter
December 9, 2016
Fall 2016
Charitable Lead Trusts, Furman University's The Advisor
November 29, 2016
Life After Obamacare – Part II, Health Care Law Note
Implications for Accountable Care Organizations
November 21, 2016
November 2016
Smith Moore Leatherwood's quarterly newsletter covering ERISA and Life, Health and Disability Insurance Litigation.
November, 2016
Lopez v. Reliance Standard Life Ins. Co., 2016 WL 3191242 (W.D.N.C. June 3, 2016)
November, 2016
Prelutsky v. Greater Georgia Life Ins. Co., 2016 WL 4177469 (N.D. Ga. Aug. 8, 2016)
November, 2016
Russell v. Gill, 2016 WL 1452494 (S.C. App. Apr. 13, 2016)
November, 2016
Webb v. Liberty Life Assurance Co. of Boston, 2016 WL 3087455 (N.D. Ga. June 1, 2016)
November, 2016
Haysman v. Metropolitan Life Ins. Co., 2016 WL 1305360 (S.D. Ga. Mar. 28, 2016)
November, 2016
Sobh v. Hartford Life and Accident Ins. Co., 2016 WL 3564380 (11th Cir. July 1, 2016)
November, 2016
Alliance Med, LLC v. Blue Cross and Blue Shield of Ga., Inc., 2016 WL 3208077 (N.D. Ga. June 10, 2016)
November, 2016
Silverman v. Unum Life Ins. Co. of Am., Case No. 1:13-cv-04296 (N.D. Ga. July 12, 2016)
November, 2016
Juan v. Minnesota Life Ins. Co., 2016 WL 1169576 (N.D. Ga. Mar. 25, 2016)
November, 2016
Companion Life Ins. Co. v. McCreary, 2016 WL 3090649 (D.S.C. May 9, 2016)
November 14, 2016
Life After Obamacare – Part I, Health Care Law Note
October 31, 2016
What you need to know for Phase 1 and beyond
October 27, 2016
October 14, 2016
What you need to know for Phase 1
Fall 2016
Transportation Industry Newsletter, The Transportation Newsletter
October 1, 2016
October 1, 2016
NMFTA Shakes Up Bills Of Lading, Transportation Industry Newsletter
October 1, 2016
Court Backtracks on Validity of Carmack Waiver, Transportation Industry Newsletter
September 27, 2016
July 2016
Now all four of the major categories of intellectual property—trade secrets, patents, copyrights, and trademarks—will have a civil remedy rooted in federal law.
Summer 2016
Transportation Industry Newsletter, The Transportation Newsletter
July 1, 2016
The Bedrock Rule: The Carrier Gets Paid, Transportation Industry Newsletter
July 1, 2016
July 1, 2016
Hitting Back Against the EEOC, Transportation Industry Newsletter
July 1, 2016
Carmack v. Arbitration: Carmack Wins, Transportation Industry Newsletter
July 1, 2016
July 1, 2016
DOT Drug Testing: To Test or Not to Test?, Transportation Industry Newsletter
June 14, 2016
June 13, 2016
Last September, the North Carolina General Assembly passed a law requiring North Carolina Medicaid to transition from a traditional fee-for-service model to a capitated, managed care structure administered by private contractors.
June 8, 2016
June 8, 2016
June 6, 2016
Seeking to curb patient deaths in North Carolina related to overprescribing of opioid medications, the North Carolina Medical Board ("Board") recently launched a new initiative, "The Safe Opioid Prescribing Initiative," through which it hopes to identify potentially improper or reckless prescribing.
May 19, 2016
After years of build-up, yesterday the Department of Labor ("DOL") published new rules under the Fair Labor Standards Act that redefine the overtime exemption for "white collar" administrative, executive, and professional workers.
April 20, 2016
Wilson v. Standard Ins. Co., 613 F. App'x 841 (11th Cir. 2015)
April, 2016
Griffin v. Verizon Communications, Inc., 2016 WL 116598 (11th Cir. Jan. 12, 2016)
April, 2016
Gables Ins. Recovery, Inc. v. Blue Cross and Blue Shield of Fla., Inc., 813 F.3d 1333 (11th Cir. 2015)
April, 2016
Blake v. Union Camp Int'l Paper, 622 F. App'x 853 (11th Cir. 2015)
April, 2016
Boyd v. Sysco Corp., 2015 WL 7737966 (D.S.C. Dec. 1, 2015)
April, 2016
Adverse Tax Impact Not Remediable under ERISA , ERISA and Life Insurance News
Taylor v. NCR Corp., 2015 WL 5603040 (N.D. Ga. Sept. 23, 2015)
April, 2016
Bond v. Marriott Int'l, 2016 WL 360801 (4th Cir. Jan. 29, 2016)
April, 2016
Woods v. Am. United Life Ins. Co., 2015 WL 7075284 (N.D. Ala. Nov. 13, 2015)
April 2016
Smith Moore Leatherwood's quarterly newsletter covering ERISA and Life, Health and Disability Insurance Litigation.
April 4, 2016
April 1, 2016
April 1, 2016
CSA Data Makes a Comeback, The Transportation Newsletter
April 1, 2016
April 1, 2016
April 1, 2016
Docket Number: FMCSA–2015–0419
Spring 2016
Transportation Industry Newsletter, The Transportation Newsletter
March 14, 2016
Whether your business is established or just getting off the ground, it is critical to review the classification of your company's workers.
March 2, 2016
On March 1, 2016, the Office for Civil Rights of the US Department of Health and Human Services ("OCR") released additional guidance in the form of Frequently Asked Questions ("FAQs") addressing patient access to medical records and what covered entities may – and may not – charge for copies of these records.
February 16, 2016
February 15, 2016
ACO Compliance Considerations, Health Care Law Note
February 12, 2016
January 12, 2016
January 4, 2016
Winter 2016
Transportation Industry Newsletter, The Transportation Newsletter
January 4, 2016
FMCSA Publishes Final 'Driver Coercion' Rule, The Transportation Newsletter
Fall 2015
Revocable Trusts, Furman University's The Advisor
October 6, 2015
In 2008, we wrote about the then-current trend of outsourcing HIM functions to Europe and the compliance challenges associated with that activity.
September 30, 2015
Brokers, Carriers, And Cargo Claims, The Transportation Newsletter
September 30, 2015
New FMCSA Hours-of-Service Exemptions, The Transportation Newsletter
Fall 2015
Transportation Industry Newsletter, The Transportation Newsletter
September 30, 2015
September 30, 2015
Less Can Mean More In The Eyes Of The FMCSA, The Transportation Newsletter
September 22, 2015
September 21, 2015
September 14, 2015
September 14, 2015
Barnhill Contracting Co. v. Oxendine, 2015 WL 2227848 (E.D.N.C. May 12, 2015)
September 14, 2015
Curry v. Trustmark Ins. Co., 600 F. App'x 877 (4th Cir. 2015)
September 14, 2015
Certain Underwriters at Lloyd's v. Cohen, 785 F.3d 886 (4th Cir. 2015)
September 14, 2015
In re McFarland, 790 F.3d 1182 (11th Cir. 2015)
September 14, 2015
Holland Ins. Group, LLC v. Senior Life Ins. Co., 329 Ga. App. 834, 766 S.E.2d 187 (2014)
September 14, 2015
Pruco Life Ins. Co. v. Wells Fargo Bank, N.A., 780 F.3d 1327 (11th Cir. 2015)
September 14, 2015
Southern v. WakeMed, No. 5:15-cv-35-FL (E.D.N.C. Apr. 21, 2015) (unreported)
September 14, 2015
Smith Moore Leatherwood's quarterly newsletter covering ERISA and Life, Health and Disability Insurance Litigation.
September 2, 2015
Two months ago, the Supreme Court's landmark ruling in Obergefell v. Hodges recognized that same-sex couples may exercise the fundamental right to marry in all 50 states.
August 19, 2015
August 13, 2015
August 5, 2015
August 5, 2015
July 29, 2015
On July 7, 2015, the Court of Appeals upheld the right of a hospital's medical staff and its governing board to determine the qualifications required for entry onto its medical staff.
July 24, 2015
July 23, 2015
July 15, 2015
July 15, 2015
July 15, 2015
Act Of God Defense Prevails!, The Transportation Newsletter
July 15, 2015
SC Expands FTZ Alternative Sites Framework, The Transportation Newsletter
Summer 2015
Transportation Industry Newsletter, The Transportation Newsletter
June 19, 2015
June 17, 2015
In the coming months and years, the way your company learns of and addresses EEOC charges is going to change. In order to expand online services and improve customer experience, the EEOC has created a new online interface for employers.
June 9, 2015
Educating employees about cybersecurity and implementing straightforward protocols and policies, like those below, can save a business from ruin.
June 8, 2015
June 1, 2015
May 27, 2015
Presentation titled "Railroad Property Rights" and published a paper titled "I Think I Can – I Think I Can: Figuring Out Railroad Property Rights"
May 20, 2015
Manning Connors Publishes Summary of DOJ Guidance on Preparing for and Responding to Cyber Attacks
May 13, 2015
Smith Moore Leatherwood's quarterly newsletter covering ERISA and Life, Health and Disability Insurance Litigation.
May 12, 2015
Joseph v. Northwestern Mut. Life Ins. Co., 2015 WL 1309648 (M.D. Ga. Mar. 24, 2015)
May 12, 2015
McKown v. Symetra Life Ins. Co., 2014 WL 6604059 (D.S.C. Nov. 20, 2014)
May 12, 2015
Robinson v. American General Life Ins. Co., 2014 WL 3385162 (D.S.C. July 10, 2014)
May 12, 2015
Sciarretta v. Lincoln National Life Ins. Co., 778 F.3d 1205 (11th Cir. 2015)
May 12, 2015
Smith v. Cox Enterprises, Inc., 2015 WL 331116 (N.D. Ga. Jan. 27, 2015)
May 12, 2015
Harrison v. Wells Fargo Bank, 773 F.3d 15 (4th Cir. 2014)
May 12, 2015
Florida Tube Corp. v. MetLife Ins. Co. of Conn, 2015 WL 1189210 (11th Cir. Mar. 17, 2015)
May 12, 2015
Royal v. New York Life Ins. Co., 2015 WL 339781 (S.D. Ga. Jan. 26, 2015)
May 12, 2015
When deciding where to bring an action in federal court to recover benefits under ERISA, a plan participant generally has three choices of venue.
May 5, 2015
Personnel files, accounting information, and customer records are obvious places where businesses keep sensitive information. But data that requires protection is also oftentimes located in the nooks and crannies of various electronic systems.
April 21, 2015
Creating a culture of cybersecurity requires first implementing a clear and straightforward policy on the management of confidential information. There is not, however, one policy that "fits all."
April 20, 2015
On April 6, 2015, Representative Chuck McGrady (Rep., District 117) of the NC House of Representatives re-introduced House Bill 534, the "North Carolina Benefit Corporation Act."
Spring 2015
Transportation Industry Newsletter, The Transportation Newsletter
April 13, 2015
In 2013, the Federal Motor Carrier Safety Administration ("FMCSA") issued a Final Rule establishing the Unified Registration System ("URS"), which is intended to streamline current Federal registration processes and increase the accessibility of data on entities regulated by the FMCSA.
April 13, 2015
LIG Insurance Co., LTD v. Inter-Florida Container Transport, Inc. should be a warning sign to any transportation entities that are not keeping their separate entities at arms-length and following the required corporate formalities.
April 13, 2015
In today's shipping environment of tight margins, driver shortages, and high equipment costs, motor carriers often face capacity limitations, especially during times of peak seasonal volume.
April13, 2015
Does the Americans with Disabilities Act (ADA) really require motor carriers to allow alcoholics to drive trucks? It probably depends on whether the driver has a "current clinical diagnosis of alcoholism."
April 13, 2015
On September 28, 2007, John Kanard was working on a New Jersey Turnpike construction project when an 8,000 pound concrete road barrier fell on Kanard's foot—crushing and severing it.
April 13, 2015
Sleep Apnea: The Tireless Debate, The Transportation Newsletter
The safety issues associated with sleep apnea have been widely discussed; however, the debate as to the FMCSA's role in the health certification of commercial drivers is far from over.
April 9, 2015
In the face of declining reimbursement and the increasing reliance of payors on exclusive networks to control the delivery of health care and costs, laboratories that find themselves outside of those networks continue searching for ways to compete.
April 7, 2015
In recent months, the drumbeat of news reports about large corporate data breaches has created a new national discussion about cybersecurity. Sophisticated hackers and cyber-thieves are not just hunting "big game" but are also targeting small and medium-sized entities that have not taken adequate steps to protect their data.
April 2, 2015
At a recent conference on Medicare and Medicaid law, officials from the Centers for Medicare & Medicaid Services (CMS) responsible for administering "meaningful use" payments to hospitals and "eligible professionals" (physicians, nurse practitioners, and the like) reported on the results of Stage 1 and Stage 2 audits. Not surprisingly, hospitals fared better than individual providers, with only about 200 hospitals being required to repay meaningful use incentives.
March 31, 2015
The Supreme Court has issued its decision in Young v. UPS. The finer points of the Court's analysis will interest legal scholars; the practical effects of the decision will complicate decisions of HR professionals
March 27, 2015
On March 20, 2015, the Centers for Medicare & Medicaid Services (CMS) released a proposed rule for implementing Stage 3 of the Medicare and Medicaid Electronic Health Record Incentive Programs (the Meaningful Use Program).
March 23, 2015
What should an employer do when an employee asks for an accommodation due to stress, nervousness, or panic attacks triggered by interactions with co-workers or the public?
March 19, 2015
The N.C. Industrial Commission approved a revised Medical Fee Schedule in February 2015 that will take effect April 1, 2015 for hospitals and ambulatory surgery centers and July 1, 2015 for professional services.
March 4, 2015
Through the infusion of a culture of cybersecurity, businesses can position themselves to respond and adapt to the perils presented by our technology-centric world.
February 25, 2015
Citing difficulties in defining a number of the objective standards in the proposed rule, CMS announced in the February 12, 2015 Federal Register that it would take another year to consider the issues before finalizing the rule
February 11, 2015
Until North Carolina passes a Benefit Corporation Act, which was re-introduced in 2015, there is still a way for companies to be more committed to promoting the triple bottom line: becoming a Certified B Corporation through B Lab®.
January 22, 2015
Despite a lack of media coverage and a lack or delay of guidance through final regulations, lesser-known compliance requirements are important, and hospitals would be well advised to proactively stay on top of their implementation.
January 20, 2015
Smith Moore Leatherwood's quarterly newsletter covering ERISA and Life, Health and Disability Insurance Litigation.
January 16, 2015
Witt v. Metropolitan Life Ins. Co., 2014 WL 6655794 (11th Cir. Nov. 25, 2014)
January 16, 2015
Snow v. Boston Mut. Life Ins. Co., 2014 WL 528981 (11th Cir. Oct. 16, 2014)
January 16, 2015
McArthur v. Unum Life Ins. Co. of Am., 2014 WL 4494221 (N.D. Ala. Sept. 4, 2014)
January 16, 2015
Greenville Hospital System v. Employee Welfare Benefits Plan for Employees of Hazelhurst Management Co., 2014 WL 4976588 (D.S.C. Oct. 3, 2014)
January 16, 2015
McGhee v. Aetna Life Ins. Co., 2014 WL 5475042 (W.D.N.C. Oct. 29, 2014)
January 16, 2015
Fifth Third Bancorp v. Dudenhoeffer, 134 S. Ct. 2450 (June 25, 2014).
January 16, 2015
Board of Trustees of the National Elevator Industry Health Benefit Plan v. Montanile, 2014 WL 6657049 (11th Cir. Nov. 25, 2014)
January 16, 2015
Hyatt v. Prudential Insurance Co. of America, 2014 WL 5530130 (W.D.N.C. Oct. 31, 2014)
January 16, 2015
Biller v. Prudential Ins. Co. of Am., 2014 WL 4230119 (N.D. Ga. Aug. 26, 2014)
January 16, 2015
Tatum v. RJR Pension Investment Committee, 761 F.3d 346 (4th Cir. 2014)
January 16, 2015
Benson v. Life Ins. Co. of North America, 2014 WL 6666944 (E.D.N.C. Nov. 29, 2014)
January 13, 2015
The proposed legislation is to build upon the President's prior efforts to protect Americans from cyber threats, while safeguarding personal information and civil liberties.
January, 2015
The issue of who is liable for workers' compensation coverage for drivers and/or independent contractors in the trucking industry has been a hot topic in North Carolina and is gaining renewed attention amidst the ever-expanding application of a statute specific to the trucking industry
January, 2015
Large Cargo Losses = More Broker Claims, The Transportation Newsletter
Freight Watch International reports that the number of cargo thefts in the United States fell during the second quarter of 2014 but the average value of each loss roughly doubled
January, 2015
Motor Carriers and those that insure them should be wary when in receipt of a spoliation demand from an injured party
January, 2015
Kavulak v. Juodzevicius demonstrates the importance of refraining from controlling routes and drivers, and that a well-drafted broker-carrier agreement will reduce the likelihood of a court imposing vicarious liability on a broker after an accident
January, 2015
2014 was unprecedented for the number of potential regulations tumbling around in the regulation-making machine
December 15, 2014
There are numerous (and usually free) appellate practice resources that you can consult.
November 13, 2014
The article is entitled "Re-thinking the LLC: In today's high-tax environment, practitioners should explore having active member(s) in an LLC make the S corporation tax election"
October 31, 2014
October 21, 2014
In the most significant jurisdictional laws passed in years, the General Assembly has reorganized how business cases and challenges to acts of the General Assembly are adjudicated at both the trial and appellate levels.
October 2, 2014
Revised Transparency Act regulations have been proposed that, if approved, will take effect in January 2015.
October 1, 2014
Because "tank vehicle" is being interpreted to include any commercial vehicle transporting tanks with a rated capacity of 119 gallons or more and an aggregate capacity of more than 1,000 gallons.
October 1, 2014
The courts have long held that the Carmack Amendment, 49 U.S.C. § 14706, preempts all claims for loss, damage, or destruction to freight shipped through interstate commerce.
October 1, 2014
In most instances, certainly after the 2008 amendments to the Americans With Disabilities Act, a current diagnosis of alcoholism constitutes a "disability" under the Act.
October 1, 2014
On February 5, 2014 the Food and Drug Administration issued its new proposed regulations for the sanitary transportation of food.
October 1, 2014
A federal court in the Western District of New York recently held that a tractor-trailer lessor can be held vicariously liable for the negligence of a lessee, even when that lessor is completely free of any wrongdoing.
September 25, 214
The North Carolina Benefit Corporation Act was originally introduced in 2011 through SB 26.
September 17, 2014
Raleigh's re-mapping of the city is the final step in a multi-year overhaul of the comprehensive plan and zoning ordinance.
August 29, 2014
Smith Moore Leatherwood's quarterly newsletter covering ERISA and Life, Health and Disability Insurance Litigation.
August 29, 2014
Fidelity & Guaranty Life Ins. Co. v. Thomas, 559 F. App'x 803 (11th Cir. Mar. 11, 2014)
August 29, 2013
Moon v. BWX Technologies, Inc., 2014 WL 2958804 (4th Cir. 2014)
August 29, 2014
Kennedy v. United of Omaha Life Ins. Co. 556 F. App'x 893 (11th Cir. Feb. 28, 2014)
August 29, 2014
Unum Life Ins. Co. of Am. v. Sides, 2014 WL 1207616 (N.D. Ga. Mar. 21, 2014)
August 29, 2014
ReliaStar Life Ins. Co. v. Laschkewitsch, 2014 WL 2211033 (E.D.N.C. May 28, 2014)
August 29, 2014
Howard v. Hartford Life & Accident Ins. Co., 563 F. App'x 658 (11th Cir. 2014)
August 29, 2014
Dye v. Hartford Life & Acc. Co., 2014 WL 1379246 (M.D. Ga. Apr. 8, 2014)
August 29, 2014
Ensley v. North Georgia Mountain Crisis Network, Inc., 2014 WL 1053590 (N.D. Ga. Mar. 19, 2014)
August 7, 2014
As a commercial litigator, you may not yet have considered how the Consumer Financial Protection Bureau (CFPB) will affect your practice. However, if your clients even touch the fringes of the financial services industry, now is the time to get up to speed on the CFPB.
August 7, 2014
Defense attorneys seeking removal should recognize nuances associated with damages, diversity, and pleadings, and plan accordingly.
July 30, 2014
Florida legislators recently approved a bill permitting businesses to operate as benefit corporations.
July 25, 2014
Though no rigid standards or definitions exist to distinguish a ground lease from a space lease, typically a ground lease is a lease of an entire tract of land that confers on the tenant control over the land that is functionally the equivalent of ownership for a long period of time.
July 24, 2014
It is important that hospitals promptly evaluate whether their policies and procedures are in compliance with all applicable Transparency Act requirements and put in place new or revised policies that make it clear the hospital's practices comply with all applicable requirements.
July 10, 2014
In the event that you have an emergency response incident or a chemical spill, it is important to capture all of the pertinent facts during the early stages of the incident.
July 8, 2014
Protect your sandbox! Train supervisors to recognize and properly respond to all complaints - including those about third-parties. This means, immediately reporting any such complaint to human resources and/or taking prompt remedial action to prevent any alleged illegal conduct in the workplace.
June 30, 2014
If non-exempt employees are regularly checking and responding to emails from home, but their time records never include hours outside of the normal workday, there is a problem.
June 26, 2014
With the support of the TIA, Representative John Duncan, Republican of Tennessee, introduced house bill 4727.
June 26, 2014
Proposed Rulemaking on Coercion of CMV Drivers, The Transportation Newsletter
On May 13, 2014 the FMCSA took its latest step in implementing provisions of MAP-21 by publishing a Notice of Proposed Rulemaking ("NPRM") to adopt regulations prohibiting motor carriers, shippers, receivers and transportation intermediaries from coercing drivers to violate certain provisions of the Federal Motor Carrier Safety Regulations
June 26, 2014
The Fourth Circuit Court of Appeals recently affirmed a federal district court's award of attorneys' fees against the Equal Employment Opportunity Commission for bringing a frivolous lawsuit that the Court believed was clearly a loser from the start.
June 26, 2014
Megatrux = Megaproblem for Carriers, The Transportation Newsletter
In balancing the rights of shippers and carriers, one of the tradeoffs the Carmack Amendment has always provided is the imposition of near-strict liability against motor and rail carriers for freight damage in exchange for the negotiation of limitations on that liability.
June 26, 2014
A terminal rental adjustment clause, or TRAC, lease is a unique lease which combines the advantages of leasing and preserving the option to purchase the "over the road" vehicle for a pre-determined residual at the end of the lease with the TRAC provision.
June 26, 2014
South Carolina finally has clarity and consistency between the Workers Compensation statutory definition of a trucking industry "independent contractor" and the Department's definition.
June 26, 2014
Why You Need to Go to Electronic Logs Now, The Transportation Newsletter
The Federal Motor Carrier Safety Administration has issued its electronic log rulemaking.
June 20, 2014
Employers should update their current COBRA notices or switch to the new model notices in order to ensure COBRA compliance.
June 13, 2014
June 11, 2014
Because improper deductions can result in the loss of the exemption from overtime, protect your Company with a safe harbor provision that encourages the reporting of any improper deductions and commits to correcting any deductions that have been improperly made.
June 3, 2014
On May 20, 2014, the Centers for Medicare and Medicaid Services ("CMS") filed a proposed rule, to be published in the Federal Register on May 23, that offers eligible hospitals, eligible professionals, and critical access hospitals ("CAHs") participating in the Medicare and Medicaid Electronic Health Record Incentive Programs ("EHR Incentive Programs") an extra year to use 2011 Edition certified electronic health record technology ("CEHRT").
May 30, 2014
Smith Moore Leatherwood's quarterly newsletter covering ERISA and Life, Health and Disability Insurance Litigation.
May 30, 2014
When an action is filed to recover benefits under § 502(a)(1)(B) of ERISA, or to enforce plan terms under other provisions of ERISA, the plaintiff generally includes a claim to recover attorney's fees and costs under § 502(g).
May 30, 2014
America's Health Ins. Plans v. Hudgens, 742 F.3d 1319 (11th Cir. 2014)
May 30, 2014
Sanctuary Surgical Centre, Inc. v. Aetna Inc., 546 F. App'x 846 (11th Cir. 2013)
May 30, 2014
Melech v. Life Ins. Co. of N. Am., 739 F.3d 663 (11th Cir. 2014)
May 30, 2014
Eads v. Liberty Life Assurance Co. of Boston, No. 4:13-CV-0238-HLM (N.D. Ga. Mar. 27, 2014)
May 30, 2014
Witt v. Metropolitan Life Ins. Co., 2014 WL 769285 (N.D. Ala. Feb. 25, 2014)
May 30, 2014
Youngblood v. North Carolina Mut. Life Ins. Co., Case A13A1946 (Ga. Ct. App. Mar. 26, 2014)
May 30, 2014
Dye v. Hartford Life & Accident Co., 2014 WL 1379246 (M.D. Ga. Apr. 8, 2014)
May 30, 2014
Bloom v. Hartford Life and Accident Ins. Co., 2014 WL 840765 (11th Cir. Mar. 5, 2014)
May 30, 2014
Miller v. Unum Life Ins. Co. of Am., No. 1:12-cv-02956-TCB (N.D. Ga. Jan. 23, 2014)
May 28, 2014
Time spent donning and doffing clothes or protective gear is considered "integral and indispensable" when it primarily benefits the employer and is necessary to the principal work performed.
May 28, 2014
Joining twenty-three other states and the District of Columbia, legislators in New Hampshire and Connecticut recently approved bills that permit businesses to operate as benefit corporations.
May 20, 2014
Article warns contractors to be cautious in complying with federal and state wage and hour laws.
May 19, 2014
If your company has an auto-deduct policy or practice, review your policies and train your supervisors regarding the importance of ensuring employees are documenting all time worked, including work performed during a meal break.
May 7, 2014
Presentation provides an overview of the NC House Bill 857 and the requirements for utilizing design-build and public-private partnerships in North Carolina.
May 2, 2014
Even if you have an automated system that handles the rounding of an employee's start and stop times, you should periodically audit time records to ensure each employee is fully compensated for all time worked.
April 28, 2014
The new benefit corporation form, which has been statutorily recognized in at least 27 states and the District of Columbia, has three core elements that set it apart from traditional for-profit corporations: purpose, accountability, and transparency.
April 25, 2014
Whether an employee is paid for travel time depends on the circumstances. It's worth real money to know the rules relating to compensation of time spent traveling.
April 23, 2014
Small mistakes, when multiplied in a class action, can result in major costs. Remember that the forms you use to conduct background checks on job applicants must comply that the Fair Credit Reporting Act ("FCRA"), regardless of the reason for your inquiry.
April 10, 2014
Last month, President Obama directed the Secretary of Labor to propose changes to the current overtime regulations.
April 4, 2014
When deciding whether an employee is disabled under the ADA, focus on how long the employee must be out of work and how severe the injury is. Be ready to consider accommodating requests for leave to recover, even when the employee will no longer be limited after recovery.
April 1, 2014
Engaging independent contractors instead of hiring employees is enticing… no overtime pay, benefits, tax witholdings, FICA obligations or legal liability for certain claims.
April 1, 2014
National CDL Drug and Alcohol Clearinghouse, The Transportation Newsletter
On February 12, 2014 the FMCSA announced a proposed rule to establish a national drug and alcohol clearinghouse for all commercial drivers as mandated by the Moving Ahead for Progress in the 21st Century Act ("MAP-21").
April 1, 2014
Boyett v. Redland Ins. Co., 741 F.3d 604(5th Cir. Jan. 27, 2014).
April 1, 2014
Since deregulation the trucking world has seen an explosion in the number of brokers and other intermediaries involved in the movement of freight.
April 1, 2014
In 2008, the Federal Motor Carrier Safety Administration ("FMCSA") promulgated a rule that was intended to improve compliance with the requirement that certain commercial driver's license ("CDL") holders obtain medical certification and to prevent fraud related to the medical certification process.
April 1, 2014
It is a fundamental principle of corporate law in the United States that a shareholder ordinarily is not liable for the acts of the corporation or its employees, officers, and directors.
March 18, 2014
Marc's presentation was entitled "Top 10 Tips of Disaster Planning"
March 12, 2014
A key aspect of representing businesses in North Carolina is assisting in-house counsel avoid the myriad of ethical landmines they confront every day.
March 3, 2014
Every company's employee handbook should contain certain foundational content, such as a discrimination policy, a code of conduct, and an employment-at-will provision. The same is true for benefit corporations.
February 4, 2014
Benefit corporations recognized by new state laws offer some exciting new opportunities for existing businesses and new businesses, which traditional business structures do not offer.
January 23, 2014
The benefit corporation movement – which includes "B Corps" that are legislatively recognized by their states' laws and companies that are privately certified by groups like B Lab® – is new, exciting, and dynamic.
January 14, 2014
Clyde Holt comments upon the surprising decrease in American's driving and what these dramatic changes should mean for public and private transportation policy makers in the Research Triangle.
January 14, 2014
On September 1, 2013, the City of Raleigh's new Unified Development Ordinance ("UDO") went into effect. One of the most noticeable changes with the UDO is the city's zoning map amendment process.
January 10, 2014
Article is entitled, "The Admissibility of Expert Testimony Under North Carolina's Rule 702(a)."
January 9, 2014
CSA 2010 2011 2012 2013 2014?, The Transportation Newsletter
Unfortunately, the FMCSA has developed a flawed CSA system that encourages shippers and carriers to utilize CSA safety ratings in each of the basics to decide the carriers from which to purchase transportation services.
January 9, 2014
While recent news coverage of the ACA has focused on enrollment issues with healthcare.gov in advance of 2014's individual mandate, it is not too soon for large employers, including transportation companies, to begin thinking about their responsibilities under the employer mandate of the ACA.
January 9, 2014
A recent decision by the United States Court of Appeals emphasizes that a carrier must not only maintain a tariff, it must ensure that it is incorporated into the relevant shipping contract.
January 9, 2014
Text Message Sender Liability, The Transportation Newsletter
While the dangers associated with texting while driving are well-known, a New Jersey appellate court has extended responsibility for accidents arising from driving while texting to the sender of a text message, if that person sends a message to a person known to be driving and that the text message will be read.
January 9, 2014
As one third of American adults are obese, employers need to be familiar with ADA and EEOC regulations, protecting themselves against potential disability claims.
December 2013
Smith Moore Leatherwood's quarterly newsletter covering ERISA and Life, Health and Disability Insurance Litigation.
December 2013
Hutchinson v. Liberty Life Ins. Co., 404 S.C. 20, 743 S.E.2d 827 (2013)
December 2013
Phillips v. Aetna Life Ins. Co., Case No. 6:12-cv-81 (S.D. Ga. Aug. 19, 2013)
December 2013
Brooks v. AT&T Umbrella Benefit Plan No. 1, 2013 WL 5935118 (D.S.C. Nov. 5, 2013)
December 2013
Harp v. Liberty Mutual Group, Inc.,, 2013 WL 5462290 (M.D.N.C. Sept. 30, 2013)
December 2013
Martin v. Hartford Life & Acc. Ins. Co., 2013 WL 5297146 (D. Md. Sept. 18, 2013)
December 2013
In CIGNA Corp. v. Amara, 563 U.S. __, 131 S.Ct. 1866, 1878 (2011), the Supreme Court concluded that summary plan descriptions, "important as they are, provide communication with beneficiaries about the plan, but that their statements do not themselves constitute the terms of the plan for purposes of § 502(a)(1)(B)."
December 2013
Acree v. Hartford Life & Acc. Ins. Co., 917 F. Supp. 2d 1296 (M.D. Ga. 2013)
December 2013
Clark v. Life Ins. Co. of N. Am., 2013 WL 3005289 (N.D. Ga. June 8, 2013)
December 11, 2013
December 05, 2013
In today's economy, companies are increasingly looking at different business structures to bring new ideas, technology and products to the market. Alex Audillet and Collins Pickup detail a constructive solution for companies: joint ventures agreements.
December 05, 2013
Tom Terrell provides and in-depth look at land use and zoning, detailing its effect on economic growth and legal processes.
December 05, 2013
Julie Theall Earp explains the changing legal landscape of sexual harassment in the workplace, and how employers can protect themselves from potential lawsuits.
December 05, 2013
Jerry Oliver and Justin Puleo explain the options available to large employers under the employer mandate and their responsibilities under the Affordable Care Act Notification requirements.
Fall 2013
Spousal Lifetime Access Trusts, Furman University's The Advisor
October 17, 2013
Don't let your practice's Medicare enrollment "perish", The Journal of the Medical Association of Georgia
Article originally published in The Journal of the Medical Association of Georgia, Vol. 102, Issue 3 and is posted with the permission of the Medical Association of Georgia.
October 15, 2013
Article is entitled, "Successor Liability with M&A Asset Purchase Transactions."
October 2013
Effective October 1, 2013, CMS will enforce new rules for Medicare inpatient admissions. Issued as part of the 2014 Inpatient Prospective Payment System ("IPPS") Final Rule, the new rules are designed to eliminate long observation stays and clarify the order requirements for inpatient admissions. Hospitals and physicians must comply with the new rules in order to receive reimbursement for inpatient services provided and to avoid adverse financial impact on patients.
September 20, 2013
September 20, 2013
September 20, 2013
September 20, 2013
September 20, 2013
September 20, 2013
September 19, 2013
Q&A article entitled, "Navigating the Landfill Approval Process".
September 5, 2013
The article is entitled "Charleston Adoptive Couple Impacts Federal Adoption Law: Supreme Court of the United States Clarifies Parental Rights Under ICWA"
August 6, 2013
Genetic Information Nondiscrimination Act
Originally published in the Greensboro Business Journal, Julie Theall Earp details the recent EEOC updates creating traps for unaware employers.
August 6, 2013
In the article McKnew examines pleadings adequacy issues five years post Bell Atlantic Corp. v. Twombly 550 U.S. 544 (2007) and Aschcroft v. Iqbal 556 U.S. 662 (2009).
August 6, 2013
August 6, 2013
Bill Pitman offers great news for businesses raising capital, explaining the Securities and Exchange Commission's new Rule 506 (c).
August 5, 2013
When drafted and used strategically, protective orders can provide necessary protection to private and proprietary client information and reduce the risk of costly discovery disputes and judicial intervention.
July 31, 2013
Lawyers for both employers and employees took careful note of two recent decisions from the United States Supreme Court, Vance v. Ball State University and University of Texas Southwestern Medical Center v. Nassar, that make discrimination and retaliation claims more difficult for employees to prove. The impact of these decisions will depend on how the lower courts apply the rulings.
July 16, 2013
Many providers are (and all covered entities should be) in the process of updating their business associate agreements (BAA) to take into account the new reality that becomes effective in September 2013. While we are all more or less focused on these concepts, it might be a good time to revisit one of those BAA provisions that typically gets very little thought...
July 2, 2013
In this episode of the signature issues we comment on from time to time, notice this "Fast Fact" from CMS in a late May 2013 release.
July 2, 2013
In a down economy, a number of individuals (especially younger members of the workforce) are willing to work for "free" in an effort to try to get their "foot in the door" or merely to gain some experience. Even if done with the best of intentions, and even if everyone is in agreement, employers should carefully consider such arrangements.
June 24, 2013
Criminal background checking has become a mainstream tool in hiring. Many employers consider it "best practice" and are willing to spend the extra money and time to do it before bringing an employee onboard. In some situations the law requires that a criminal background check be done. Why, then, has the EEOC taken aim at this commonsense practice in recent lawsuits?
June 18, 2013
The Motor Carrier Exemption ("MCE") may be sufficient to result in an overtime exemption for drivers, as drivers participate in the interstate journey of the goods they are carrying.
June 18, 2013
The FMCSA has issued Safety Management Cycle documents outside of the Administrative Procedures Act to dictate every detail of a carrier's safety program, placing carriers in a difficult situation.
June 18, 2013
Important to both commercial drivers and motor carriers, the North Carolina Court of Appeals recently affirmed the applicability of the sudden emergency doctrine in the context of a commercial motor vehicle accident, notwithstanding evidence of violations of Federal Motor Carrier Safety Regulations by the commercial driver.
June 18, 2013
A contractual provision limiting carriers' liability for cargo damage is vital due to the strict liability on freight carriers imposed by the Carmack Amendment.
June 6, 2013
Plaintiffs brought a putative class action, asserting that the fiduciaries of an Eligible Individual Account Plan breached a duty under ERISA by failing to disclose material, negative, nonpublic financial information about the plan sponsor, where the plan sponsor's stock was an investment option.
June 6, 2013
Plaintiff, a medical doctor, alleged that she was disabled by the effects of electroconvulsive therapy (ECT) treatments she underwent to treat depression, but Northwestern Mutual determined that a 24-month mental illness limitation applied to her claim.
June 6, 2013
Though Caudell's attempt to change the beneficiary during his lifetime failed to satisfy all of Transamerica's requirements, the court found that his substantial compliance was sufficient under Georgia law, especially since there was no dispute that Caudell intended the beneficiary to be changed to his wife.
June 6, 2013
Hunter, a former director of events for Hilton Hotels, sued Aetna Life Insurance Company to recover long-term disability benefits under his employer's ERISA plan.
June 6, 2013
Noel sought to purchase a $1 million life insurance policy from Banner Life Insurance Company but died before he was notified that the policy was postponed and benefits were denied under the TIAA due to misrepresentations about his medical history.
June 6, 2013
Gowen filed an action in state court, asserting state law claims to recover disability benefits and other damages against Assurity Life Insurance Company and Gowen's insurance agent.
June 6, 2013
The Georgia Court of Appeals reviewed consolidated appeals by four applicants who sought Medicaid assistance in connection with their residential nursing home care, arguing that the Georgia Department of Community Health ("DCH") had improperly imposed an asset transfer penalty prescribed by the federal Medicaid statute relating to long term care benefits.
June 6, 2013
AirTran sued Elem and her personal injury attorney under section 502(a)(3) of ERISA for reimbursement of more than $131,000 in self-funded health plan benefits paid by AirTran; the benefits were for medical treatment expenses due to injuries Elem sustained in a motor vehicle accident.
June 6, 2013
In early May 2013, the EEOC filed its first lawsuit alleging Genetic Information Nondiscrimination Act (GINA) violations.
June 6, 2013
Harvey sued to recover ERISA disability benefits after Standard Insurance Company affirmed its original claim denial on appeal and before it completed an additional voluntary level of review.
June 6, 2013
Litigants in ERISA cases should be aware of whether plan documents contain conformity clauses or choice of law provisions, whether those provisions are treated similarly in the jurisdiction where the suit is pending, and how the jurisdiction applies choice of law provisions with respect to plan interpretation.
June 2013
Smith Moore Leatherwood's quarterly newsletter covering ERISA and Life, Health and Disability Insurance Litigation.
May 29, 2013
Andy Spence reviews three recent informative opinions with the "unwelcome surprise" of construing "processor" as a means-plus-function term.
May 6, 2013
Determined to relieve the $2.5 billion debt for benefits paid out on prior unemployment compensation claims, the NC General Assembly passed House Bill 4, a.k.a. "An Act to Address the Unemployment Insurance Debt and to Focus North Carolina's Unemployment Insurance Program on Putting Claimants Back to Work."
May 1, 2013
Beginning this year, the North Carolina General Assembly has overhauled the lien statutes and the results will affect every new construction project, regardless of whether it is publicly or privately funded.
May 1, 2013
In the last year, government investigations have commenced and a frenzy of private antitrust lawsuits have been filed on behalf of various institutional investors.
May 1, 2013
All employers will be required to use the new version of the I-9 Employment Eligibility Verification Form by May 7, 2013 for new hires.
March 28, 2013
The U.S. Department of Labor marked the 20th anniversary of the FMLA by issuing regulations expanding coverage for military families. As soldiers are both deployed and return home from duty, employers must be aware of these new provisions.
March 27, 2013
A recent ruling against the American Red Cross appeared to begin a series of assaults on the employment at-will doctrine by employees, unions, and the NLRB, misusing the NLRA to undermine the doctrine.
March 27, 2013
Cargo Losses: Who Must Pay?, The Transportation Newsletter
The Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. § 14706 et seq., often leads to liability for carriers even where the freight they carry is damaged by the negligence—or even intentional wrongdoing—of a third party.
March 27, 2013
The South Carolina Supreme Court recently considered the novel issue of "pre-impact fear" as a cognizable element of damages in a survival action and reallocation of settlement proceeds for the purpose of setoff in Rutland v. S.C. Dep't of Transportation, No. 2010-178606 (S.C. filed Nov. 7, 2012).
March 27, 2013
Within the last few months, the South Carolina Court of Appeals has promulgated two decisions concerning the Financial Responsibility Act ("FRA") and further clarifying application of the FRA to drivers in South Carolina.
Spring 2013
Smith Moore Leatherwood's quarterly transportation newsletter is targeted to trucking and logistic companies, trucking insurance companies, accident reconstructionists, transportation association members and other organizations impacted by legal developments within the industry.
March 15, 2013
As a result of recent scandals in the financial markets, municipalities and other local governmental entities may have suffered significant investment losses from the financial crisis, sometimes without even realizing it.
February 8, 2013
Article originally appeared in the January 2013 issue of the Intellectual Property & Technology Law Journal. Reproduced with permission.
February 7, 2013
A summary of the main highlights of the long-awaited Health Insurance Portability and Accountability Act ("HIPAA") Final Rule.
February 2013
The nature of electronic signatures makes it very difficult for a provider to rely only an electronically-signed HIPAA authorization when releasing records to a person other than the patient whose records are requested.
January 2013
"Cover Your Tail (Insurance)", Health Care Law Note
With a properly-worded agreement, a hospital or physician group can avoid incurring the additional expense of paying for tail coverage for an independent contractor physician.
January 2013
Since 1980, the Centers for Medicare and Medicaid Services (“CMS”) has had the right to be the secondary payer for any medical expenses paid on behalf of a Medicare beneficiary. However, until recently, this right has been largely ignored. Why the change? The answer: Section 111.
January 2013
A January 7th blog post on the Scientific American website discusses "reviving the promise of better health through information technology."
Winter 2013
Smith Moore Leatherwood's quarterly transportation newsletter is targeted to trucking and logistic companies, trucking insurance companies, accident reconstructionists, transportation association members and other organizations impacted by legal developments within the industry.
January 7, 2013
Polishing Your Policies for 2013, The Inside Perspective
As the New Year begins, here is a summary of critical changes to consider now for your employment policies.
December 11, 2012
This Law Note summarizes new projects and continuing projects with respect to HHS programs and operations, including the Centers for Medicare and Medicaid Services ("CMS"), we believe are most relevant to researchers.
December 6, 2012
Details matter to our appellate courts. At the fingertips of many seasoned appellate experts are several resources that can help you avoid common pitfalls of appellate advocacy.
December, 2012
To prevent the spread of disease to patients and protect their work forces, many health care providers are instituting policies mandating inoculation of their staff.
December 4, 2012
Coders' lack of understanding of clinical information already present in the patient's chart related to POA indicators seems to be responsible for a very high number of errors.
December 3, 2012
How the "Tangible Personal Property" regulations, released December 2011 by the Internal Revenue Service and the Treasury Department may impact your business.
November 20, 2012
These days, one can hardly open a web browser, turn on the radio, or visit a mailbox without encountering some reminder that we are a nation of debtors.
Volume Two, 2012
The full digital version of the Business Regulations edition of SML Perspectives Magazine
November 20, 2012

Today, many U.S. businesses find themselves competing in the "global marketplace."

November 20, 2012

"E-discovery" is a process that involves gathering, reviewing and producing to opposing counsel electronic data pertaining to a dispute in litigation.

November 20, 2012
November 19, 2012
Fine Tuning Your Business, SML Perspectives
In these uncertain economic times, few companies are willing to make large financial commitments or go on hiring sprees to grow their businesses.
November 19, 2012
You may suspect that only large, international companies have to comply with anti-bribery legislation.
November 19, 2012
In this era of overbearing government regulations, an unanticipated bankruptcy preference claim remains one of the most frustrating experiences regularly confronted by businesses of all kinds.
November 2012
U.S. District Court for the District of New Mexico dealt a significant blow to the government in United States ex re. Baker v. Community Health Sys., Inc. that could have far reaching consequences for how parties act in response to litigation holds.
November 8, 2012
While the Supreme Court considers McCutchen this term, practitioners should keep abreast of the mercurial landscape surrounding this section of ERISA and, if called upon to address it, carefully consider the factual and analytical nuances differentiating various cases.
Fall 2012
2012 Gifts: A Window of Opportunity, Furman University's The Advisor
January 12, 2011
Awareness about the dangers of sexual harassment hasn't translated into a decline in charges with the EEOC.
August, 2012
August 21, 2012
August 21, 2012
July 3, 2012
The most interesting development in the FMCSA's strategic plan is their desire to regulate the "transportation-life cycle."
July 3, 2012
The practice of suspending drivers' licenses for all sorts of things has caused a recordkeeping nightmare for motor carriers.
July 3, 2012
FMCSA Announces Medical Examiner Registry, The Transportation Newsletter
The FMSCA announced publication of their Final Rule establishing the National Registry of Certified Medical Examiners ("NRCME") on April 18, 2012.
July 3, 2012
Intrastate CMV Enforcement, The Transportation Newsletter
Recently approved SC House Bill 4761 raises the gross vehicle weight for intrastate enforcement to greater than 26,000 pounds.
June 27, 2012
COGSA and the Elusive "Customary Freight Unit", The Transportation Newsletter
The determination of what constitutes a package under COGSA is not always clear and is often dependent on the facts of each specific transaction.
May 30, 2012
Land Use Implications of "Next Generation" Energy Production and Transport, NC Bar Association, Zoning, Planning and Land Use Section Annual Meeting
May 11, 2012
Employee sues after LTD benefits were terminated after four years based on employer's conclusion that the medical evidence no longer showed employee suffered from a debilitating illness.
May 11, 2012
Smith was covered by an ERISA-governed accidental death insurance policy provided by his employer. Smith died in a one-car collision, and a toxicology report showed that his blood ethyl alcohol content was 0.206 grams per 100 ml at the time of death.
May 11, 2012
Slagle was insured by an ERISA-governed accidental death and dismemberment policy.
May 11, 2012
Employee sues under ERISA, after employer terminated long term disability benefits due to plan's contractual limitations period.
May 11, 2012
Defrauded party attempts to recover life insurance premiums paid with stolen money after benefits have been claimed.
May 11, 2012
Fatal crash has to be ruled "unanticipated and unexpected" as defined by ERISA, in order to receive  life and accidental death benefits funded by insurance policies.
May 11, 2012
After working 31 years as a registered nurse at a hospital, Cole submitted a claim for long-term disability benefits under her employer's welfare benefit plan, which was fully insured by Aetna. She received benefits for disability from her own occupation, but Aetna then determined that Cole was not disabled under the "any occupation" test.
May 11, 2012
PHL Variable Life Insurance Company sued Jolly and the Faye Keith Jolly Trust for negligent misrepresentation of Jolly's assets in the application for a $10 million life insurance policy.
May 11, 2012
Venning suffered a head injury that caused chronic headaches, speech impairment, mental disorientation, and deficiencies in concentration. He received short-term disability benefits under an employee welfare benefit plan administered by MetLife. Long-term disability benefits had been paid for one year before MetLife denied his claim.
May 11, 2012
Employee seeks to obtain benefits for disability that develops after final claim decision.
May 9, 2012
In this challenging economic climate, subrogation and reimbursement claims by employers with self-funded health plans are gaining heightened attention.
April 4, 2012
The United States District Court for the Middle District of Florida recently handed down a decision concerning spoliation of evidence as it related to the failure to preserve data from a truck's Electronic/Engine Control Module (ECM) following a fatal collision.
April 4,2012
Changes to Federal Jurisdiction and Procedure, The Transportation Newsletter
The recently enacted Federal Courts Jurisdiction and Venue Clarification Act of 2011, P.L. 112-63 (December 7, 2011), significantly amends the federal jurisdictional statutes.
April 4, 2012
A recent opinion by the Eastern District of the Missouri Court of Appeals reversed a decision that denied unemployment benefits to an employee who was terminated after his driver's license was suspended.
April 4, 2012
Beginning on January 30, 2012, a commercial driver's medical certification will become part of his/her commercial driver's license driving record.
April 2, 2012
On September 16, 2011, President Obama signed into law the Leahy-Smith America Invents Act (AIA), considered by many the most significant patent reform legislation since the U.S. Patent Act of 1952.
April 2, 2012
Beyond Fraud and Abuse, SML Perspectives
The line between "fraud and abuse" and "mistake" has blurred dramatically. What used to be a routine billing mistake may now be "fraud".
April 2, 2012
Misconceptions about the definition of a "franchise" can lead to the birth of an accidental franchise.
April 2, 2012
Reviewing your strategic plan once a quarter requires you to look at where you are in relation to where you want to be.
April 2, 2012
Ask Bob Wedge what he likes about practicing law, and his answer may surprise you.
April 2, 2012
Two unique views on how Green Laws impact small businesses.
April 2, 2012
Three Advice Memoranda written by the NLRB last year indicate that employees should expect repercussions from talking negatively about their employers on Facebook under certain circumstances. 
April 2,2012
When buying or expanding a business, beware of the sand traps and pitfalls related to zoning.
April 2, 2012
The prevailing myths of estate planning are common misunderstandings or misconceptions that may impact your decision to plan in the first place.
April 2, 2012
A look at "big picture" issues that need to be addressed when renewing an existing commercial lease or entering into a new one.
March 2012
February 21, 2012
February 6, 2012
A participant in an ERISA plan that provided life and accidental death insurance benefits to employees and their dependents appeals a policy plan's exclusion.
February 6, 2012
Why a second injury during the period of complete disability does not result in two successive benefit periods.
February 6, 2012
In 2004, after Scott had surgery to address the medical issue that formed the original basis of her claim, Eaton terminated the payment of disability benefits for "insufficient documentation of a functional impairment that would preclude her from the job duties of any occupation."
February 6, 2012
AXA Equitable approved Dr. Laun's claim for total disability following surgery, but after his further injury sustained in a fall, denied his request for reclassification to accident total disability.
February 6, 2012
The Fourth Circuit has joined other circuit courts in imposing a causation requirement in ERISA breach of fiduciary duty cases based on the failure of a pension plan's trustees to investigate and to diversify the plan's investment options.
February 6, 2012
Saylors sought to recover long-term disability benefits under the Avery Dennison Long-Term Disability Plan and brought claims against the plan, Avery Dennison Corporation, and Hartford.
February 6, 2012
After her claim for ERISA long-term disability benefits was denied, Castro sued Hartford, seeking benefits and an administrative penalty for the failure to provide certain requested documents, including copies of Hartford's internal claims guidelines, training manuals, and other procedures.
February 6, 2012
Despite misrepresentations in renewal applications, incontestable clause runs from original policy date.
February 6, 2012
Former employees sued for breach of fiduciary duty and securities fraud despite previously signing a general release of all claims against their employer.
February 6, 2012
In 2005, Ray submitted a claim to Sun Life for long-term disability benefits under an ERISA plan, based on a heart condition.
February 6, 2012
When a corporation makes its own stock available as an investment option in a retirement plan and the stock declines in value, the plan's fiduciaries sometimes face claims that they violated their duty to act prudently in the management of the plan.
February 2012
January 23, 2012
New Standards for Cargo Security, The Transportation Newsletter
Cargo security is increasingly becoming a hot topic issue for a number of shippers and carriers as cargo theft is on the rise – particularly in cases of High-Value Theft Targeted (HVTT) assets.
January 23, 2012
Marso v. UPS, The Transportation Newsletter
Marso v. UPS demonstrates the importance of documenting contract terms with shippers in order to benefit from the terms of your tariff.
January 23, 2012
Yes, You Need a Tariff, The Transportation Newsletter
While it is true that tariffs are no longer filed, motor carriers still have the ability to draft and post tariffs, and doing so provides great benefits when freight claims arise.
January 23, 2012
Medicare News, The Transportation Newsletter
According to a case recently issued by the 6th Circuit, Medicare's right to recover conditional payments from settlement proceeds is not limited by the degree of legal liability of the tortfeasor making the settlement payment.
January 23, 2012
FMCSA Bans Handheld Mobile Devices, The Transportation Newsletter
FMCSA and PHMSA published their Final Rule to restrict the use of hand-held cellular phones by commercial motor vehicles,violation of which will subject drivers and carriers to stiff fines and penalties.
January 23, 2012
How An MCS-150 Can Affect Your CSA Score, The Transportation Newsletter
While an updated MCS-150 must be filed every two years, one may be filed at any time.
November 22, 2011
Three experienced employment lawyers discuss several types of lawsuits trending in employment practice: disability-related claims, retaliation claims, and claims asserting overtime violations.
November 22, 2011
While "The Great Recession" brought economic uncertainty, many cash flush companies with strong balance sheets see this as an opportunity for growth.
November 22, 2011
The Palmetto State has created a pro-business environment by offering an attractive corporate income tax structure, creative credits and discounts, and property tax incentives.
November 22, 2011
Fracking in North Carolina?, SML Perspectives
Hydraulic fracturing is commonly know as "fracking." Although the term "fracking" may sound inelegant on first exposure, it refers to a long-used, highly-engineered method of extracting natural gas and oil from shale, a type of fine-grained sedimentary rock.
November 22, 2011
From tax breaks to grant programs and a motivated workforce, North Carolina has all of the tools a business needs to succeed. As a result, global business leaders such as Apple, GlaxoSmithKline, and Volvo are now calling North Carolina home.
November 22, 2011
"Brownfields" are properties that have been contaminated by pollutants or hazardous substances making them difficult to expand, reuse, or redevelop.
November 22, 2011
An economic downturn can be like the flu – catch it and you’ll be miserable. Symptoms of the economic flu can be severe.
November 22, 2011
All of us create the problem of waste disposal while collectively interfering with logical solutions by fighting necessary landfills or refusing to allow tax dollars to be directed to more modern disposal options.
November 22, 2011
In today's market, raising capital is tough. One method is the private sale of securities. This may involve passing the hat with friends, family and "angels," or structuring more formal deals with venture capital funds and institutions. But before you even think about approaching these potential investors, it is critical to plan ahead.
November 22, 2011
This year, the EEOC mandated that employers embrace flexibility in one area where they have always been able to be strict: attendance policies.
November 22, 2011
While most readily acknowledge our reliance upon local hospitals for health services like emergency care, diagnostic services, surgery, or primary care, we rarely pause to consider how our hospitals serve as economic engines that drive and sustain our local economies.
November 21, 2011
Bobby Pearce knows business, and he works very hard to help companies succeed in South Carolina.
November 21, 2011
The 11th Circuit opinion on the individual insurance mandate in the Affordable Care Act conflicts with a recent 6th Circuit decision and virtually guarantees a Supreme Court decision.
November 10, 2011
State and local tax incentives play an important role in South Carolina’s economic development picture.
November 2011
Fall 2011
Is Uncle Sam the Beneficiary of your IRA?, Furman University's The Advisor
October 18, 2011
Contracts: Look at the Big Picture, The Transportation Newsletter
For many motor carriers, when a cargo claim is presented, the first document that is referenced is the motor carrier's tariff. However, it is equally important for the motor carrier to keep in mind the big picture for the entire shipment from which the claim arose and to review all the shipping documents relevant to that shipment.
October 18, 2011
After six nights and 33 hours of testimony and deliberation, the Harnett County Board of Adjustment reached a decision this week regarding a Conditional Use Permit for a regional landfill. The hearing demonstrated why we desperately need quasi-judicial proceedings.
October 17, 2011
After her disability claim was denied, Mullin sued her employer, AT&T, to have statutory penalties imposed for its failure to timely produce a copy of the summary plan description upon request.
October 17, 2011
Plan Participant May Be Able to Claim Benefits, ERISA and Life Insurance News
The Eleventh Circuit considered Del Rosario a little over a month after the Amara case was decided.
October 17, 2011
Bush was provided life insurance and accidental death insurance of $400,000 under ERISA-governed group insurance policies issued to his employer by Minnesota Life. He did not designate a beneficiary.
October 17, 2011
Insurer May Waive Policy Provisions, ERISA and Life Insurance News
Globe Life brought an interpleader action to resolve competing claims by the insured's daughters to death benefits payable under a policy of life insurance.
October 17, 2011
The Secretary of Labor is authorized by ERISA, 29 U.S.C. § 1134(a), to conduct an investigation to determine whether a violation of Title I of ERISA, or of regulations or orders issued thereunder, has occurred or is about to occur.
October 2011
OCR Reports Breach Data, Legal HIMformation
September 10, 2011
September 2011
Avoid these HIPAA Land Mines Involving Your Practitioners' Cell Phones, Part B Insider vol. 12 , No. 31, pp. 244-246, September 2011
September 2011
August 24, 2011
July 6, 2011
Common Obstacles to the Successful Commercialization of Research
July 6, 2011
A patent law update by Clara Cottrell:  3 fast facts.
July 5, 2011
Employment eligibility verification is an issue that affects every employer in the United States. All employers need to be aware of and comply with federal employment eligibility rules and regulations, including special rules for federal contractors.
July 5, 2011
How to design a telework program that effectively facilitates an employee's ability to perform at the highest level, from outside the office, while minimizing the legal risks the employer may face.
July 5, 2011
A look at the present and future nanotechnology patent landscape.
July 1, 2011
A look at the most significant provisions of the bill that reforms the North Carolina Workers Compensation Act.
July 1, 2011
This list of best practices can help you get the most out of your innovations.
July 1, 2011
Foreign Trade Zones, The Transportation Newsletter
The Foreign Trade Zone program was created to promote American competitiveness by encouraging companies to maintain and expand their operations in the United States.
July 1, 2011
Those conducting clinical research have to consider the myriad technicalities—both scientific and legal—that will determine whether their research endeavor will come to fruition.
July 1, 2011
Companies should conduct IP counseling and planning to best protect or assert IP rights, understanding what's at stake, how to best position themselves, and whether they're on the defense or attack.
July 1, 2011
The Importance of a Good Cargo Contract, The Transportation Newsletter
Carriers must have in place a good contract with a shipper or broker to control its exposure for cargo loss.
July 1, 2011
On June 14, 2011, Governor Haley signed the Bill providing substantial limitations on punitive damages in South Carolina.
July 1, 2011
A new industry has developed to help companies get rid of old electronics that are banned from landfills.
July 1, 2011
The N.C. Court of Appeals recently ruled that inadvertent driver error caused by falling asleep behind the wheel, by itself, is insufficient to support an award of punitive damages.
July 1, 2011
Technological changes have always been one of the factors that have altered the ways we use, develop and regulate land.
July 1, 2011
Discipline or Discharge?, SML Perspectives
In today's tough economic times, employers are having to make more and more decisions about whether to discharge poorly performing employees.
July 1, 2011
Specifically tailored to the special requirements of healthcare facilities, the new LEED rating system is expected to open the doors to a new generation of medical building design.
July 1, 2011
The U.S. Consumer Product Safety Commission (CPSC), launched the first-ever public database of consumer product safety complaints, but is it accurate?
July 1, 2011
In a joint venture, businesses or individuals combine their resources, expertise and skills for a specific project.  Is this type of arrangement right for you?
July 2011
June 30, 2011
Innovation must be achieved systematically, and should be a part of a company’s strategic plan.
June 30, 2011
Smith Moore Leatherwood's Chairman discusses how innovation fuels entrepreneurship.
June 30, 2011
A profile on nanotechnology patent attorney, Clint Wimbish.
June 30, 2011
Doctors who Perform Truck Driver Physicals, The Transportation Newsletter
Pennsylvania Suit Demonstrates Dilemma: doctors are certainly in a no-win situation when certifying DOT drivers.
May 23, 2011
May 17, 2011
April 2011
April 22, 2011
CIGNA v. Amara, ERISA and Life Insurance News
CIGNA v. Amara:  Supreme Court Considers Effect of Inconsistencies Between ERISA Plan Terms and SPDs
April 20, 2011
April 20, 2011
Long Term Disability Claim Remanded for Consideration of Plaintiff's Social Security Disability Award
April 19, 2011
Worsley's pain medications caused him to fall asleep at his desk but his employer would not accommodate this issue, leading to a claim for LTD benefits under his employer's ERISA plan.
April 19, 2011
Miller's husband was a participant in an ERISA-governed accidental death and dismemberment plan sponsored by his employer.
April 19, 2011
At the time of her death, Boyd participated in an ERISA-governed life insurance plan and had her former husband listed as her primary beneficiary.
April 19, 2011
The decedent failed to notify Nationwide to change his address of record, so all billing statements continued to be mailed to his former employer.
April 19, 2011
AirTran sued Elem and her personal injury attorney under section 502(a)(3) of ERISA.
April 19, 2011
Crosby applied to MetLife for life insurance in 2005 and failed to disclose a diagnosis of mitral valve prolapse and treatment for related symptoms
April 14, 2011
Recognizing and avoiding undue influence when family or other trusted caregivers can pose a potential threat.
April 5, 2011
South Carolina Court of Appeals Allows Wildly Liberal Verdict to Stand
April 5, 2011
Recently, OSHA cited a trucking company for a willful violation for failing to provide fall protection for a truck driver.
April 5, 2011
A recent case from the SC Court of Appeals resulted in a rare victory for the defendant trucking company, which had been sued on a negligent hiring theory.
April 5, 2011
The Montreal Protocol governs some international losses to cargo that occur during shipment by air, impacting brokers, freight forwarders, and 3PLs.
March 2011
March 14, 2011
Non-Profit Health Care Organizations & Joint Real Estate Ventures, Atlanta Hospital News and Healthcare Report
Tax-exempt health care organizations are being creative in selecting business entities for the purpose of joint ventures with individuals or non-exempt parties.
March 14, 2011
95% of American businesses are family owned, but only 28%  of those businesses have done business succession planning.
March 14, 2011
The Food Safety Modernization Act (FSMA) was signed into law in January 2011. This legislation grants new powers to the Food and Drug Administration (FDA).
March 14, 2011
The top ten human resource mistakes that can lead to employment litigation.        
March 12, 2011
Three experienced attorneys discuss the impact of the Baby Boomer generation on employers, real estate, and law practice.
March 11, 2011
Instant Runoff Voting, SML Perspectives

Instant Runoff Voting systems resolve races without need for an additional, and costly, day of voting if none of the candidates secured a majority.



March 10, 2011
The perceived benefits of arbitration may come at the expense of your full rights.
March 10, 2011
Baby Boomer statistics show that this generation is redefining what it means to age.
March 9, 2011
How to Freeze Your Assets, SML Perspectives
An intentionally defective grantor trust ("IDGT") allows you to "freeze" the value of an asset and transfer the asset at a discounted value.
March 8, 2011
This article provides you with the tools you need in choosing a nursing home that will best meet your needs.
March 8, 2011
Profile on citizen lawyer, Carole Bruce.
March 8, 2011
In 2011, Federal Estate Tax legislation presents a number of planning opportunities and also requires that a number of existing estate plans be reconsidered.
March 8, 2011
Boomers and Beyond - From the Chairman, Rob Marcus
March 8, 2011
An overview of the fundamentals of estate planning. No matter your net worth, and no matter your age, it is important to have a basic estate plan in place.
March 8, 2011
With more older workers, age discrimination in the workplace requires new awareness.
February 18, 2011
Could a Carrier Pigeon Settle Your Case?, DRI's The Business Suit, Volume 14 Issue 1
February 2011
The fundamental principles that have historically led courts to dismiss RICO claims remain valid.
January 17, 2011
Why did Wake County School Board abandon their award–winning, decades–old "busing for diversity policy"?
January 17, 2011
Molly, Dave and Patti discuss three unique takes on three aspects of new tech and the law.
January 14, 2011
Why Can't We Be "Friends"?, SML Perspectives
If doctors want to avoid inadvertent disclosure of a patient's protected health information, they should avoid social media interactions with patients.
January 14, 2011
If your employees are using cell phones while driving, a Distracted Driving Policy may afford some protection against liability in the event of a lawsuit.
January 12, 2011
Your local planning board calendar offers insight into business expansions, credit available for expansions, and confidence in our economic future.
January 11, 2011
When to Talk to Your Employment Lawyer Instead of Your HR Consultant
December 19, 2010
Intrastate Trucking - Effective October 1, 2011, South Carolina will become the 38th state to require an Intrastate DOT number for intrastate motor carriers.
December 19, 2010
New North Carolina Heavy-Duty Truck Idling Law, The Transportation Newsletter
A new NC truck idling law involves new restrictions on heavy vehicles. The NC Division of Air Quality is offering rebates to some drivers who install APUs.
December 18, 2010
The proposed law would ban commercial drivers from using a hand-held cell phone in any manner while operating a commercial motor vehicle.
December 17, 2010
False Patent Markings Could Cost You:  The New Frontier in Intellectual Property Litigation
December 17, 2010
GINA Comes of Age, The Inside Perspective
December 14, 2010
To reduce the risks associated with online social networking, employers should adopt social networking policies that addresses employee usage of such websites.
December 1, 2010
A database-driven software solution makes compliance with Medicare Section 111 simple.
November 28, 2010
There are virtually no areas of our lives left unaffected by the convergence of technology and the law.
November 28, 2010
Unless changed by legislation, the amount of property subject to the estate tax, and estate tax rates will increase substantially.
November 27, 2010
New technology and the law.
September 29, 2010
July 15, 2010
June 7, 2010
Negative Exposure, For The Record, Vol. 22 No. 11 P. 10
May 24, 2010
Should We Mediate The Charge?, The Inside Perspective
April 30, 2010
PHI Faux Pas: Social Media And The Unauthorized Disclosure Of PHI, American Health Lawyers Association's Health Lawyers Weekly, Vol. VIII, Issue 17
April 9, 2010
March/April 2010
Post-Domain Infringement: In Search of a Remedy, Business Law Today, Volume 19, Number 4, March/April 2010
March 3, 2010
He's Not My Employee! Or Is He?, The Inside Perspective
January 2010
HITECH Breach Notification Evaluation, American Health Lawyers Association's HIT Bytes, January 2010
January 16, 2010
Cameras in hospitals can lead to online posting of photos of patients receiving treatment, which can constitute an invasion of patient privacy.
2010 New Years Edition
November 2009
Metadata, Legal HIMformation
October 2009
October 12, 2009
October, 2009
Water, Water (not quite) Everywhere, UNC School of Law Festival of Legal Learning
September 21, 2009
August 31, 2009
Controlling The Tweets Of Twitter, The Inside Perspective
August 2009
Ricci V. DeStefano: Guidelines For Evaluating And Avoiding A Title VII Suit When Using Promotion Tests, HospitalityLawyer.com Legal Newsletter - August 2009 Vol IV, Issue 8
August 2009
June 2009
Chapter 75 Case Updates, Antitrust News
May/June 2009
March 2009
March 2009
February 1, 2009
January 2009
Cell Phone Camera Use in Healthcare Facilities: Shutter It, American Health Lawyers Association's HIT News, Volume 12, Issue 1
January 2009
December 2008
Year End Matters, Legal HIMformation
December 2008
New FMLA Rules: Update Your Policies, The Inside Perspective
November 2008
November 2008
2009 CMS MPFS Final Rule - IDTFs, Health Care Law Note
October 2008
October 2008
October 2008
Allowing Employees Time-Off To Vote, The Inside Perspective
September 2008
September 2008
HIPAA Security Audits, Legal HIMformation
July 2008
May/June 2008
May 2008
April 30, 2008
April 2008
March 2008
March 2008
March 2008
Older Retirees and Health Care Costs, The Inside Perspective
February 2008
February 2008
December 2007
December 2007
November 2007
November 2007
October 2007
September 2007
September 2007
Stark II Phase III Final Rule, Health Care Law Note
September 2007
August 2007
August 2007
July 2007
July 2007
July 2007
June 2007
May 2007
Two New Federal Developments, Legal HIMformation
April 2007
February 2007
February 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
Is There A Doctor In The House?, The Inside Perspective
June 2006
Land Use Matters, Land Use Matters Newsletter
July 2006
All Hail E-Mail?, The Inside Perspective
July 2006
April 2006
Alcohol Awareness at Work, The Inside Perspective
April 2006
March 2006
Land Use Matters, Land Use Matters Newsletter
March 2006
March 2006
Religion In The Workplace, The Inside Perspective
February 2006
Wage Withholdings, The Inside Perspective
January 2006
January 2006
December 2005