Document(s) published by this organization: 46
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|Releases of Liability: Do's and Don't's for Employers|
Jennifer Routh; Nexsen Pruet LLC;
April 8, 2014, previously published on April 4, 2014Employers often use waivers and releases of claims in agreements with former employees, either as part of a separation agreement at the time employment ends or in a settlement agreement after a former employee has raised claims against the employer. Both of these types of agreements have garnered...
|New Executive Compensation Regulations Clarify Timing of Taxation|
Suzanne Guitar Odom; Nexsen Pruet, LLC;
April 8, 2014, previously published on April 7, 2014The Internal Revenue Service recently published final regulations under Section 83 of the tax code.
|Long Term Express Warranties|
Jonathan Massell; Nexsen Pruet LLC;
April 8, 2014, previously published on April 1, 2014A recent holding by the North Carolina Court of Appeals is threatening to render many long-term express warranties ineffective. In a divided opinion in Christie v. Hartley Construction, Inc., the court held that the six-year North Carolina statue of repose for improvements to real property trumps...
|A Guide for Physicians and Physician Assistants|
Scott E. Hultstrand; Nexsen Pruet LLC;
March 18, 2014, previously published on March 10, 2014As physicians search for new revenue streams in response to declining reimbursement and additional administrative complexity, a new law passed in 2013 should provide added flexibility and time to expand practices through the use of physician assistants. The health care markets continue to realign...
|Should Employers "Get Physical"?|
Nexsen Pruet LLC;
March 18, 2014, previously published on March 10, 2014Many employers require that applicants pass a pre-employment medical exam to ensure they are physically capable of doing the job. Employers should be aware that pre-employment medical exams, while not categorically barred, could violate several federal statutes and draw unwanted attention from the...
|Fourth Circuit’s Decision in Cargo Loss Case Should Be Wake-Up Call for Motor Carriers as to Limitation of Liability|
Jim Bryan; Nexsen Pruet, LLC;
March 11, 2014, previously published on February 27, 2014Motor carriers attempting to limit their liability for shipments of cargo should take note of a recent Fourth Circuit decision, ABB Inc.v. CSX Transportation, Inc., 721 F.3d 135 (4th Cir. 2013), that found in favor of a shipper because of an incomplete bill of lading. Motor carriers and shippers...
|The Physician Payment Sunshine Act - The Top Five Steps for Physicians|
Scott E. Hultstrand; Nexsen Pruet LLC;
February 25, 2014, previously published on February 21, 2014The Physician Payment Sunshine Act is a minor part of the Affordable Care Act, but it could result in major headaches for physicians. The chief purpose of the Sunshine Act is to make any payments made by medical manufacturers to physicians publicly available.
|Tax Implications for Same-Sex Married Couples Residing in The Carolinas|
Tess Stakias, Paul G. Topolka; Nexsen Pruet, LLC;
February 25, 2014, previously published on February 24, 2014As the April 15th filing deadline approaches, there are important changes to note. When the U.S. Supreme Court struck down the Defense of Marriage Act (DOMA) on June 26, 2013, a number of important tax issues were raised and potential refund opportunities were created for same-sex married couples...
|EEOC Lawsuit Challenges Commonly Used Language In Severance Agreements|
David Dubberly; Nexsen Pruet, LLC;
February 24, 2014, previously published on February 19, 2014On February 7, 2014, the Equal Employment Opportunity Commission (EEOC or Commission) sued CVS Pharmacy Inc. in federal court in Chicago to invalidate the company’s standard severance agreement. The lawsuit raises concerns because it attacks language that employers commonly use in severance...
|Ten Contract Provisions That a Prospective Franchisee Should Consider Before Signing a Franchise Agreement|
Ted P. Pearce; Nexsen Pruet, LLC;
February 18, 2014, previously published on February 10, 2014The saying that “love is blind” is as true in picking a franchise as in finding a soul-mate. Most prospective franchisees tend to shop franchise concepts instead of franchise agreements. They focus their search on hot concepts, franchise systems that have a good track record, and...