Document(s) published by this organization: 38
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|The Fourth Circuit, En Banc, Addresses Removal / Remand Litigation|
Peter Pappas; Nexsen Pruet LLC;
February 18, 2015, previously published on January 28, 2015In Barlow v. Colgate Palmolive Co., 772 F.3d 1001 (4th Cir. 2014), an en banc decision, the United States Court of Appeals for the Fourth Circuit considered two cases where plaintiffs allegedly misrepresented their intent to pursue claims against non-diverse defendants in actions that were removed...
|Changes to Mortgage Servicing Rules|
Brooks Bossong; Nexsen Pruet, LLC;
January 30, 2015, previously published on November 20, 2014Armed with some background on what the Consumer Financial Protection Bureau (“CFPB”) is and does (from my 11-11-14 blog entry), let’s dive directly into the issue of rules. For starters, let’s look into the CFPB’s new rules relating to servicing mortgages.
|2014 Employment and Labor Law Final Exam Answer Key|
James T. Hedgepath; Nexsen Pruet, LLC;
January 19, 2015, previously published on December 17, 2014South Carolina generally prohibits garnishment of wages, with three notable exceptions. First, a South Carolina employer may garnish an employee’s wages when the employee owes wages to the federal government or a state government. Second, a South Carolina employer may garnish wages pursuant...
|Predictive Coding Slowly Becoming a Game Changer|
Rachael Lewis Anna; Nexsen Pruet, LLC;
January 19, 2015, previously published on December 18, 2014In 2012, Magistrate Judge Andrew Peck of the Southern District of New York approved the use of predictive coding (also called “technology assisted review” or “TAR”) in Da Silva Moore v. Publicis Groupe to search for relevant information. Predictive coding enables attorneys...
|What to be Mindful Of in 2015|
Paul G. Topolka; Nexsen Pruet, LLC;
January 19, 2015, previously published on December 19, 2014Taxpayers and representatives need to be mindful that the IRS Appeals Office has implemented what is known as the Appeals Judicial and Culture (AJAC) Project.
|OSHA's Expanded Reporting and Recordkeeping Requirements|
David Dubberly; Nexsen Pruet, LLC;
December 17, 2014, previously published on December 1, 2014Happy New Year from OSHA! In 2015 employers must comply with two changes to OSHA reporting and recordkeeping requirements.
|White House Initiative on Immigration|
David Robinson; Nexsen Pruet, LLC;
December 10, 2014, previously published on November 24, 2014On Nov. 20, President Obama announced a wide-ranging series of executive actions to reform U.S. immigration policy. Although these unilateral actions will most certainly be challenged by Congress and in the courts, and although none are yet in effect, it is important for employers to immediately...
|Consumer Financial Protection Bureau - The Basics of the CFPB|
Brooks Bossong; Nexsen Pruet, LLC;
November 28, 2014, previously published on November 10, 2014Let’s begin—honestly—by acknowledging that the very words, “the Consumer Financial Protection Bureau” tend to make our eyes glaze over, whether you’re a supporter or opponent of the CFPB’s cause or work for an institution that’s subject to the...
|The Justice Department’s New Policy on Waiving Claims of Ineffective Counsel; What it Means for Carolina Courts|
Mark Carroll Moore; Nexsen Pruet, LLC;
November 17, 2014, previously published on November 3, 2014Recognizing that the “right to effective assistance of counsel is a core value” of our justice system, Deputy Attorney General James Cole issued a memo to federal prosecutors instructing them that they should no longer enter into plea agreements requiring that defendants waive their...
|Independent Contractors: The NLRB Refines its Standards|
Jimmy Byars, David Robinson; Nexsen Pruet, LLC;
November 17, 2014, previously published on November 6, 2014Whether an individual is classified as an independent contractor or an employee has significant legal implications, because most federal and state employment laws do not apply to independent contractors. Independent contractors often afford companies greater flexibility with their workforce,...