*This blog will be updated with new information as it becomes available* The Federal Trade Commission (FTC) released its final proposed rule on noncompetes on Tuesday, April 23, 2024. If adopted, the Non-Compete Clause Rule would ban new noncompete agreements altogether for all workers (with very few exceptions) as of the effective date, which could be as soon as late August. (The effective date is 120 days after the publication of the rule in the Federal Register, according to the 570-page PDF which you can find here.) The rule is already being challenged. The U.S. Chamber of Commerce and the ..read more

Is it easy to get out of arbitration in South Carolina? That’s the question we’ll look at today. Arbitration agreements and clauses are ubiquitous these days, from employment contracts to online End-User License Agreements. Arbitration is often touted as being a faster, less expensive, and more private alternative to civil lawsuits and civil court. But arbitration agreements can put individuals at a disadvantage by requiring them to waive their rights or burden them with lopsided terms. This may prompt them to try to get out of arbitration. Maybe you’re a customer or consumer who doesn’t want ..read more

“Under South Carolina law, can an employer be subject to liability for harm caused by the negligent selection of an independent contractor?” This was the certified question posed to the Supreme Court of South Carolina by the US Court of Appeals for the Fourth Circuit in the recent case Ruh v. Metal Recycling Services, LLC (2023) (read it here). The SC Supreme Court’s answer: YES. If you’re an employer in South Carolina, this might sound concerning, but rest assured, the court insists that “the sky is not falling.” Here’s what this decision means for you. Brief Background of Ruh v. Metal Recycl ..read more

The Supreme Court of South Carolina rejected the mortgage replacement doctrine in the 2023 case ArrowPointe Federal Credit Union v. Bailey (PDF), upholding the decision of the SC Court of Appeals. Under the replacement mortgage doctrine, if an older (original) mortgage is released and replaced with a new mortgage in the same transaction, the newer mortgage maintains the same priority for repayment as the original. But the replacement mortgage doctrine is not part of South Carolina law, and the SC Supreme Court rejected it. Here’s some brief background on the case and the court’s main points. T ..read more

A lady bird deed, like other kinds of deeds, determines how ownership of a property is transferred and to whom. It’s similar to a life estate deed in that it allows the transfer of property outside of probate. But the big difference is that a lady bird deed gives the life tenant rights to the property that are restricted by a traditional life estate deed, such as the right to mortgage or sell the property. A lady bird deed – also known as a ladybird deed or an enhanced life estate deed – can be a useful tool in the right estate plan. But it’s not right for everyone, and using a lady bird deed ..read more

On January 4, 2024, the Supreme Court of South Carolina issued an order regarding interest rates on money decrees and judgments for the next twelve months. The legal rate of interest for money decrees and judgments is 12.50% compounded annually for the period between January 15, 2024 and January 14, 2025. (Read the original order in PDF format.) The rate “is equal to the prime rate as listed in the first edition of the Wall Street Journal published for each calendar year for which the damages are awarded, plus four percentage points, compounded annually,” according to South Carolina Code § 34 ..read more

Are you responsible for your spouse’s debts? It depends. Generally, you are not responsible for any debts your spouse brings into the marriage. As for debts incurred during the marriage, it depends on the state you live in and the type of debt. In an equitable division state such as South Carolina, both spouses are responsible for debt taken on jointly and for debt that benefits the marriage. In South Carolina and many other states, you would not be liable for debts incurred only by your spouse that don’t benefit the marriage. There’s one important exception – the doctrine of necessaries. The ..read more

The right of first refusal sounds simple on the surface. A right of first refusal (ROFR) gives the right-holder the opportunity to enter into a business transaction with another party before anyone else. It’s most commonly seen in real estate contracts, such as when a lessor signs a contract giving them the ROFR to put in an offer to purchase the property if it ever comes up for sale. But as straightforward as it sounds on paper, it’s not always so straightforward in the real world. Contracts that include an ROFR must be clear and detailed in order to be enforceable. The Supreme Court of South ..read more

Have you committed Family Malpractice? If you’ve neglected your legal responsibilities regarding your family, then yes, you have. What is Family Malpractice? You’ve heard of attorney malpractice, where an attorney’s misconduct causes problems for a client, and you’ve heard of medical malpractice, where a doctor’s error or negligence causes problems for a patient. Similarly, Family Malpractice is when an individual causes problems for his/her family members, usually because of failure to take action on a legal matter. Problems that are created can be legal, financial, and/or familial in nature ..read more

Imagine this scenario: Husband and Wife have been married for many years. One day, Wife files for divorce. At a hearing a few months later, the divorce is granted. Husband dies about a week later. A few days after that, the final divorce decree is signed by the judge, then filed with the clerk. The tragic and unlikely timing of Husband’s death brings up some important questions. Were Husband and Wife still married when he died because the decree wasn’t yet signed and filed? Or were they already divorced because the divorce had been officially granted by the court? Would Wife be entitled to pa ..read more