SC Employers Are Liable for Negligent Selection of Contractors: Understanding Ruh
“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...
What is a Right of First Refusal and When Is It Enforceable?
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...
Employee or Independent Contractor? Employers Need to Know DOL’s Proposed Rule
This blog will be updated with relevant developments = Misclassification of workers by employers is a big problem, according to the Department of Labor (DOL). “The misclassification of employees as...
Partnership Representatives: What Partners and LLC Members Need to Know Now
Are you a member of a partnership or a multi-member LLC that’s taxed like a partnership? If so, you need to know about partnership representatives. A partnership representative is an...
What is “Unconsionability” in the Law?
What is “unconscionability” in the law, and how is it viewed by the high courts in South Carolina? In this blog we’ll look at the definition of unconscionability, its elements,...
What Are Enterprise Goodwill and Personal Goodwill and Are They Marital Assets in SC?
The value of a business is determined by a number of factors, including its income, physical assets like buildings and equipment, and intangible assets like goodwill. But what exactly is...
Employee or Independent Contractor? A Closer Look at the Four-Factor Model
How do you know whether a worker in South Carolina should be classified as an employee or an independent contractor? The decision has big consequences for both employer and worker,...
Can You Be Bound by an Arbitration Clause You Didn’t Agree to?
In June 2016, 90-year-old Bonnie Walker moved into the Brookdale Senior Living Center, a residential care facility in Charleston, SC. Six weeks later, she wandered out of the center one...
Is Promissory Estoppel Subject to Statute of Limitations in South Carolina?
Thomerson v. DeVito came to the Supreme Court of South Carolina on certification from the U.S. District Court for the District of South Carolina, as the U.S. District Court needed...
What is Title Insurance and Why is It Important?
We’ve previously discussed the importance of a title search on this blog. A title search occurs before a real estate closing to ensure that the property in question is free...
