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 individual or entity that represents a partnership in front of [...]
What is “Unconsionability” in the Law?
UPDATE 03.04.25: The discussion below centers on the Court of Appeals of South Carolina's 2022 decision in the Huskins v. Mungo Homes case. Since then, the Supreme Court of South Carolina took up the case and rendered its decision in 2024. [...]
Risks for Personal Representatives: When Distributing Assets Becomes a Breach of Fiduciary Duty
Oftentimes, a personal representative (executor) in charge of settling a decedent’s estate is also a named heir who may be entitled to assets under the terms of the will. In real life, this looks like a daughter settling the estate [...]
I’m a Personal Representative – Now What? Rights, Roles, Responsibilities, and Risks
An important part of creating a last will is naming a personal representative (executor) to handle matters once the testator or testatrix has died. But what does a personal representative in South Carolina do? If you’ve been named a personal [...]
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 “goodwill” in business, and what’s the difference between personal goodwill [...]
Same-Sex Marriage in South Carolina After Obergefell
The US Supreme Court made history with the 2015 decision Obergefell v Hodges, ruling that same-sex couples have a right to marry under the Fourteenth Amendment of the Constitution. Before the Obergefell decision, states made their own laws regarding same-sex [...]
At-Will Employment in South Carolina: New Supreme Court Rulings
You may know that South Carolina is an at-will employment state. But what does that really mean? In an at-will employment state, work is presumed to be at-will unless otherwise defined by contract. In an at-will employment arrangement, both the [...]
Civil Conspiracy Claims in South Carolina After Abolishing the Todd Rule
The South Carolina Supreme Court has done away with the so-called Todd rule. This comes from the court’s 2021 decision in Paradis v Charleston County School District (find the opinion here), in which Leisel Paradis asserted a civil conspiracy claim [...]
How is Joint Tenants with Rights of Survivorship Created and Severed in South Carolina?
One of the key benefits of holding property with someone as joint tenants with rights of survivorship is that when one cotenant dies, his/her share in the property automatically passes to the surviving cotenant(s). The property doesn’t pass through probate [...]
What is Inverse Condemnation? How Is It Different from Eminent Domain?
Let’s say a government agency undertakes a construction project that affects your ability to fully enjoy your property and reduces its value, which constitutes a “taking” on the part of the government. If the government acknowledges this taking before beginning [...]
What Powers Does a Power of Attorney Give Me?
A power of attorney (POA) is a document that authorizes a person (the “agent” or “attorney in fact”) to act on behalf of another person (the “principal”). Different kinds of POAs grant different kinds of authority. (For more on the [...]
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, as that classification impacts taxes, workers’ compensation, and more. While [...]
Tenants in Common with a Right of Survivorship: A Third Alternative in South Carolina
If you’ve bought property in South Carolina with another person or multiple people, then you might be familiar with the terms “tenants in common” and “joint tenants with rights of survivorship.” These are the two standard alternatives that determine the [...]
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 evening, and the following day her body was found by [...]
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 a matter of South Carolina law settled before it was [...]
