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HTMLWages and Water: What Do We Do?
Nexsen Pruet LLC;
Legal Alert/Article
October 22, 2015, previously published on October 7, 2015
With the recent rain storms that have blanketed the Carolinas and the resulting road damage and closures, this a good time for employers to review their inclement weather policies and to make sure they properly compensate all employees who miss work because of adverse weather.

 

HTMLSixth Circuit Stays New 'Waters of the United States' Wetlands Rules
Charles S. Carter; Nexsen Pruet, LLC;
Legal Alert/Article
October 22, 2015, previously published on October 12, 2015
On October 9th, the U.S. Court of Appeals for the Sixth Circuit issued a nationwide stay precluding implementation of controversial new rules issued by the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (COE) in May defining the scope of “waters of the United...

 

HTMLFive Ways to Improve Enforceability
Manton G. Grier, Marcus A. Manos; Nexsen Pruet, LLC;
Legal Alert/Article
October 7, 2015, previously published on September 30, 2015
Common law judicial doctrines in almost every state discourage and restrict arbitration agreements covering personal injury or death claims. This is particularly true regarding admission contracts to nursing homes or assisted-living facilities, which have superior bargaining power and may offer...

 

HTMLHealth Care Arbitration Agreements
Manton G. Grier, Marcus A. Manos; Nexsen Pruet, LLC;
Legal Alert/Article
October 7, 2015, previously published on September 30, 2015
Common law judicial doctrines in almost every state discourage and restrict arbitration agreements covering personal injury or death claims. This is particularly true regarding admission contracts to nursing homes or assisted-living facilities, which have superior bargaining power and may offer...

 

HTMLDeficiency Judgment Cases In North Carolina Just Got A Lot More Complex
Jay DeVaney, Brian T. Pearce; Nexsen Pruet, LLC;
Legal Alert/Article
October 7, 2015, previously published on September 25, 2015
A question that continually arose during the foreclosure deficiency actions that were spurred by the recent “Great Recession,” was whether or not a guarantor on a loan could raise the “defense” offered in N.C. Gen. Stat. § 45-21.36. The statute, thought to apply by its...

 

HTMLCountdown to TRID Implementation
Brooks F. Bossong; Nexsen Pruet, LLC;
Legal Alert/Article
October 7, 2015, previously published on September 25, 2015
The effective date for implementation of the “TILA-RESPA Integrated Disclosure” rule, or “TRID” for short, is just around the corner - October 3rd. Originally the effective date was August 1st but that date was extended by the CFPB to October 3rd (re my July 23 post for the...

 

HTMLFourth Circuit Rejects "Manager Rule" Exception in Title VII Retaliation Cases
Cheryl D. Shoun; Nexsen Pruet, LLC;
Legal Alert/Article
September 14, 2015, previously published on September 10, 2015
Title VII of the Civil Rights Act of 1964 not only prohibits discrimination based on race, color, sex, religion, and national origin, but also prohibits retaliation against individuals who oppose unlawful discrimination or participate in an employment discrimination proceeding. In many...

 

HTMLUpdate 2 on WOTUS
James W. Potter; Nexsen Pruet, LLC;
Legal Alert/Article
September 10, 2015, previously published on September 9, 2015
The federal district judge in North Dakota who granted an injunction to thirteen states for changes to the scope of the jurisdiction of the Clean Water Act has refused to expand his injunction nationwide. EPA has stated that it will only respect the injunction in the thirteen states granted...

 

HTMLUpdate on New Clean Water Act Rule
James W. Potter; Nexsen Pruet, LLC;
Legal Alert/Article
September 2, 2015, previously published on August 28, 2015
On August 27, 2015, a federal District Court Judge in North Dakota issued a preliminary injunction blocking the implementation of the newly promulgated “Waters of the U.S. rule (WOTUS) (one day before the rule was to take effect). North Dakota et al v. U.S. Environmental Protection Agency et...

 

HTMLThe Consumer Financial Protection Bureau's Case against Citibank for Violations Relating to Credit Card Add-On Products
Brooks F. Bossong; Nexsen Pruet, LLC;
Legal Alert/Article
August 25, 2015, previously published on August 25, 2015
Today we’re taking a look at the CFPB’s recent enforcement case against Citibank, N.A. (“Citibank”) and two of Citibank’s subsidiaries, Department Stores National Bank (“DSNB”) and Citicorp Credit Services, Inc.

 


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