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  • Article

    Time To Prepare For The End Of The Year 3 (Part 3)

    The year-end is rapidly approaching! To avoid costly penalties from inadvertent errors in the year-end rush, plan sponsors should begin talking with their service providers now about what must be done by year-end.
    United StatesEmployment and HR
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Health Care Reform - Departments Issue Final Rules Under ACA

    Last month, the Departments of the Treasury, Labor and Health and Human Services issued final regulations governing several market reforms implemented under the Affordable Care Act.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    The Secret Of Life - Shorts On Long Term Care February 2016

    I'm sitting on my back deck on an unusually warm January Saturday afternoon, thinking about all the New Year's resolutions I made this year and the hundreds of others I've made in 58 years of life, and mostly broken.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Is There A Right To Facebook In The Constitution? North Carolina Cyberlaw Goes To The United States Supreme Court

    The Supreme Court of the United States has just agreed to the hear Packingham v. United States. The grant of certiorari reflects the increasing integration of cyberlaw with mainstream constitutional litigation.
    United StatesPrivacy
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    North Carolina Supreme Court Strikes Down Cyberbullying Statute On Free Speech Grounds

    The underlying facts involved two high school students. Defendant Robert Bishop attended Southern Alamance High School.
    United StatesPrivacy
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    NC Court Of Appeals Rules Emerald Isle's Restriction On The Use Of Privately Owned Oceanfront Property Is Not A Compensable "Taking" Under The Constitution

    What part of a beach in North Carolina is subject to public use and what part is private property was recently addressed by the North Carolina Court of Appeals in Nies v. Town of Emerald Isle (Nov. 17, 2015).
    United StatesReal Estate and Construction
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Cybersecurity Threats: What Retirement Plan Sponsors and Fiduciaries Need to Know – and Do

    The loss of employee personal information due to a cyber breach is an ever-increasing concern to all employers.
    United StatesEmployment and HR
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Final Stark Rule Changes Adopt New Exceptions For Hospitals And Significant Clarifications

    ​In the Medicare Fee Schedule Final Rule with Comment Period for calendar year 2016, the CMS adopted two new exceptions to the Stark physician self-referral law affecting hospitals, effective January 1, 2016.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Tax Reform Could Cost Tax Exempt Entities

    Under the recently enacted tax reform act (Tax Cuts and Jobs Act), tax-exempt organizations may be required to pay a 21 percent excise tax on certain compensation and certain separation pay.
    United StatesTax
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    9 Months And Counting: 10 Things You Need To Be Doing Tomorrow To Prepare For GDPR

    The European Union's General Data Protection (GDPR) is now 9 months away.
    European UnionPrivacy
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Tracking The Data Bandits

    In the iconic western, Butch Cassidy and the Sundance Kid, Butch and Sundance are hard pressed to evade a posse led by the semi-mythical lawman, Joe Lefors, who is so adept...
    United StatesAccounting and Audit
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    The Empire (State) Strikes Back: Six Highlights of New York's New Cybersecurity regulations for Financial Institutions

    The New York Department of Financial Services (NYDFS)'s finalized Cybersecurity Requirements for Financial Services Companies ("regulations"), went into effect on March 1, 2017.
    United StatesPrivacy
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Fourth Circuit Holds Consequential Damages Exclusion Bars $19 Million Fire Loss Claim

    Poyner Spruill represented the defendant pesticide applicator, Industrial Fumigant Company (IFC), in Severn Peanut Co., Inc. v. Industrial Fumigant Co., 2015 U.S. App. LEXIS (4th Cir. Dec. 2, 2015).
    United StatesCorporate/Commercial Law
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Winds Of Change Blowing Across The Hospice Landscape

    Recent Medicare developments indicate that end-of-life health care providers can expect to face continuing change in an already dynamic sector.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    The Tax Man Cometh For Bitcoin

    A federal judge recently ruled that America's largest Bitcoin service was obligated to provide the Internal Revenue Service with extensive transactional records concerning the financial transactions of its members.
    United StatesPrivacy
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Update On ACA Reporting (Forms 1095-C and 1094-C) – Round Two

    The Internal Revenue Service just issued Notice 2016-70 granting certain transitional relief in regards to 2016 ACA reporting requirements.
    United StatesEmployment and HR
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    FHFA Should Resist Calls To Weaken Mortgage Standards

    We're already beginning to forget the lessons of the financial crisis. Fannie Mae and Freddie Mac—the two government-sponsored enterprises that support much of the U.S. mortgage market ...
    United StatesFinance and Banking
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    What Is Blockchain? Why Does It Matter? Observations As North Carolina's Virtual Currency Legislation Goes Into Effect

    ​J. K. Rowling's world of Harry Potter included an array of amazing artifacts; our personal favorites were the books and pictures that changed themselves.
    United StatesFinance and Banking
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    The Drivers Privacy Protection Act - Why A 1989 Hollywood Murder Affects How Municipalities And Corporations Handle Your Data Today

    In 1989, an obsessed fan fatally shot actress Rebecca Schaeffer in the doorway of her West Hollywood home. He had obtained her address from the California Department of Motor Vehicles. The murder prompted Congress to pass the Drivers Privacy Protection Act (DPPA).
    United StatesPrivacy
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    "They Can't Do That To Our Pledges; Only We Can Do That To Our Pledges": Admiral, Big Data, Privacy, and The Internet of Things

    Anyone who has ever bought insurance, resented the premium, contested a claim denial, or piled up hours and papers dealing with insurers would welcome anything that promised to lower their rates.
    United StatesPrivacy
    Poyner Spruill LLP
    Poyner Spruill LLP

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