SC Supreme Court Opens Door to “Stigma Damages”
In a surprising 3-2 decision, the South Carolina Supreme Court ruled that environmental plaintiffs whose property is not contaminated may nevertheless be able to recover “stigma damages,” which include decreased property values resulting from negative perceptions associated with property that is contaminated or near contaminated property. In Chestnut v. AVX Corporation (Aug. 5, 2015), the…
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President Obama Announces Clean Energy Initiatives
On Monday, August 24th, President Obama announced a slate of executive actions and private sector commitments related to renewable energy, focused on both industry and consumers. The incentives are part of the White House’s continued emphasis on mitigating climate change impacts. Under the new incentives: Homeowners can more easily adopt renewable energy technologies by paying…
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Wyche Attorneys Named The Best Lawyers in America© 2016
GREENVILLE, SC (August 17, 2015) – Best Lawyers® has recognized 23 Wyche attorneys as The Best Lawyers in America© 2016. Best Lawyers also named three Wyche attorneys “Lawyer of the Year”. Jo Watson Hackl is the 2016 Greenville Corporate Governance Law “Lawyer of the Year,” Wallace Lightsey is the 2016 Greenville Litigation – Intellectual Property “Lawyer of…
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New Leadership at Upstate Forever
Upstate Forever, one of South Carolina’s leading environmental and conservation organizations, announced last week that Andrea Cooper has been selected as its new executive director. Cooper will fill the considerable shoes of Brad Wyche, who left Wyche PA in 1998 to found Upstate Forever and has served as its executive director since that time. Cooper…
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City of Greenville Announces Expanded Recycling Program
The City of Greenville has received a $125,000 grant from The Recycling Partnership, a national recycling nonprofit, to assist with the City’s efforts to convert its current recycling collection system to an automated system. The grant funds will be used to purchase new 96-gallon recycling rolling carts and to educate city residents about the new…
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S.C. Association for Justice Honors Matthew Richardson with the Matthew J. Perry Public Service Award
COLUMBIA, SC (August 12, 2015) – The South Carolina Association for Justice (SCAJ) has honored Wyche attorney Matthew Richardson with the Honorable Matthew J. Perry Public Service Award. The Matthew J. Perry Public Service Award recognizes someone whose monumental sacrifice in the name of public service has, over the course of a career, made a…
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Administration Announces New Clean Power Plan
This week President Obama and EPA Administrator Gina McCarthy rolled out a long-awaited new rule addressing carbon emission standards for U.S. power plants. The new rule requires a 32% reduction in carbon emissions by 2030 from levels in 2005—a target actually more ambitious than the rule EPA first proposed last year, which we discussed on…
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Wyche Attorneys Recognized as Greenville’s “Legal Elite”
GREENVILLE, SC (August 5, 2015) – Greenville Business Magazine has recognized 22 Wyche attorneys as being among the area’s “Legal Elite”. Additionally, the following Wyche attorneys have been recognized for receiving the top number of attorney votes in their fields: Mark Bakker (Labor and Employment), Melinda Davis Lux (Corporate Mergers & Acquisitions), Natalie Russell Dunham…
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What is Seismic Surveying and is it Happening in South Carolina?
Seismic surveying is the mapping of the ocean floor to conduct oil and gas exploration, evaluate seafloor conditions for renewable energy installations, and analyze marine mineral deposits. (If you want to know more about seismic testing, the US Geological Survey has provided an overview here.) In 2008, a federal moratorium on oil and gas development…
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A Tough Year for Justin Bieber
Wyche Inside IP By Wallace K. Lightsey Justin Bieber turned 21 this year. He also lost a significant copyright case in the U.S. Court of Appeals. Bieber and another mega-recording artist, Usher, were sued for copyright infringement in connection with the song, “Somebody To Love,” which according to Billboard Magazine is Bieber’s 9th-biggest hit. The…
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Update on Our March Madness Bracketology
Wyche Inside IP By Wallace K. Lightsey In the last Wyche Inside IP, in the spirit of the “March Madness” then happening in NCAA basketball, I hazarded predictions of the results of two patent cases that were to be heard by the U.S. Supreme Court on March 31. How did I do? About the same…
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Who Owns Social Media Accounts
Wyche Inside IP By Terrell W. Mills There is no question about the growing importance of social media to businesses’ marketing strategies. Communications about a business are generally more effective and, therefore, more valuable, when coming from an individual and not a corporate account. As a result, promotion of businesses often comes from personal accounts. …
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In Other Jeff Dunham News . . . Cybersquatting
Wyche Inside IP By Troy A. Tessier The Lanham Act, which provides federal trademark protection, also includes certain cyberpiracy prevention provisions designed to protect people and companies from the wrongful registration and use of internet domain names that deserve trademark protection. Congress passed the Anticybersquatting Consumer Protection Act, 15 U.S.C. §1125(d), in 1999. Under its…
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Don’t Mess With Walter the Dummy
Wyche Inside IP By Troy A. Tessier Jeff Dunham and Walter, a dummy character Jeff uses in his popular standup act, now have a new venue – federal court. According to a complaint filed in federal court in California (Case No. 2:15-cv-05092), Anthony Horn is accused of knocking off the popular character of Walter and…
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Twenty-Seven States, Including South Carolina, Initiate Challenges to EPA’s Clean Water Rule
EPA’s Clean Water Rule, which defines “waters of the United States” that fall within Clean Water Act jurisdiction, was published in the Federal Register on June 29 and already faces numerous tests. Twenty-seven states, including South Carolina, have initiated challenges to the Rule. As of July 1, the roster of challengers includes: Texas, Mississippi and Louisiana…
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National Bar Association Selects Meliah Bowers Jefferson for 40 Under 40 Award
GREENVILLE, SC (July 1, 2015) – The National Bar Association has chosen Wyche attorney Meliah Bowers Jefferson as one of the recipients of its 40 Under 40 Nation’s Best Advocates Award. The award recognizes the nation’s top lawyers under age 40 who exemplify a broad range of high achievement, including innovation, vision, leadership, and legal and…
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Negotiating with Investors: Control
Prepared by Andrew B. Coburn As seen in Business Black Box Q3 2015 Edition The documents that must be negotiated by an entrepreneur with outside investors can be complicated. To many, they appear like a dark labyrinth that cannot be understood but can only be navigated by blindly following your lawyer and hoping you come out…
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Supreme Court Rules That EPA Did Not Properly Consider Costs in Regulating Mercury Emissions
In a 5-4 decision issued today and authored by Justice Antonin Scalia, the US Supreme Court held that the US Environmental Protection Agency (EPA) did not properly consider costs that power plants would have to bear under the agency’s new regulations of mercury emissions. The case, Michigan v. EPA, combined with companion cases Utility Air…
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Wyche, P.A. Supports the Call to Remove the Confederate Battle Flag from the Grounds of South Carolina’s State Capitol
GREENVILLE, SC (June 23, 2015) – Wyche, P.A. joins and supports the chorus of voices calling for the removal of the Confederate Battle Flag from the grounds of our State Capitol. It is beyond dispute that this flag is offensive and hurtful to legions of South Carolinians. As such, that flag has no place on…
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Tally Parham Casey Chosen for the Liberty Fellowship
COLUMBIA, SC (June 17, 2015) – Wyche attorney Tally Parham Casey has been selected to participate in the Liberty Fellowship Class of 2017. The Liberty Fellowship is a leadership initiative founded by Anna Kate and Hayne Hipp, Wofford College, and The Aspen Institute. Participants are chosen from across South Carolina based on their proven leadership…
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EPA Releases Technical Guides Regarding Vapor Intrusion Assessment and Mitigation
Last week, the US Environmental Protection Agency (EPA) released two technical guides related to vapor intrusion assessment and mitigation activities: The Technical Guide for Assessing and Mitigating the Vapor Intrusion Pathway from Subsurface Vapor Sources to Indoor Air, which applies to sites being evaluated under federal land cleanup statutes; and A companion document, the Technical Guide…
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EPA Announces 1 Million in Grants for Brownfield Sites in SC
In late May EPA announced that three recipients in South Carolina will receive grants totaling 1 million dollars for the cleanup of brownfield sites for the cleanup and redevelopment of brownfield sites. This year’s recipients are all in the Upstate, with the City of Greenwood receiving $200,000, the Pelzer Heritage Commission $400,000, and the City of Saluda…
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S.C. Senate Approves Heigel to Lead DHEC
The S.C. Senate voted to confirm Catherine Heigel as the next director of DHEC. She will assume her new position immediately. The agency announced this news in a press release, which you can read here.
Final Clean Water Rule Issued
On Wednesday, the US Environmental Protection Agency and the US Army Corps of Engineers issued the final Clean Water Rule defining “waters of the United States” subject to regulation under the Clean Water Act. The final rule comes more than a year after the agencies published a proposed rule, which resulted in approximately 400 public…
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Chambers USA Recognizes Wyche as One of South Carolina’s Leading Law Firms
GREENVILLE, SC (May 20, 2015) – Chambers USA (“Chambers”) has recognized Wyche and 14 of its attorney in the 2015 edition of Chambers USA: America’s Leading Lawyers for Business. Wyche’s Corporate/M&A, Environmental, Labor & Employment, Litigation, and Real Estate practices have been ranked among the best in South Carolina. The following Wyche attorneys have been…
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Bank of America Issues $600 Million Green Bond
On May 14, 2015, Bank of America issued a $600 million green bond to fund renewable energy and energy efficiency projects. In a statement issued by the bank, its chief operating officer Thomas Montag stated, “We believe green bonds will play an important role in closing the financing gap for renewable energy, energy efficiency and…
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Agricultural Producers Beware: Dairy Owner Sentenced to Home Detention and Ordered to Pay Penalties for Cattle Wastes Discharged into French Broad River
On April 30, 2015, the owner of one of North Carolina’s largest dairy farms, William Franklin Johnston, was sentenced to four years probation, six months of which must be spent in home detention, and has been ordered to pay a $15,000 fine, for his role in discharging cattle feces into the French Broad River in…
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DHEC Names Choice for New Director
The Board of the SC Department of Health and Environmental Control has named Catherine Heigel of Greenville as its choice to head the agency for the next four years. Heigel, who currently works as an attorney with Elliott Davis Decosimo in Greenville, served as president of Duke Energy South Carolina from 2010 to 2012 and…
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South Carolina Super Lawyers Recognizes 20 Wyche Attorneys
GREENVILLE, SC (April 23, 2015) – Super Lawyers, a rating service of outstanding lawyers, has recognized 20 Wyche attorneys in its 2015 South Carolina Super Lawyers Magazine. The magazine features attorneys who embody excellence in the practice of law. Super Lawyers highlights Wallace Lightsey as one of the top 10 lawyers in South Carolina. Along…
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EPA Releases 20th Annual Greenhouse Gas Inventory
Earlier this week, the U.S. Environmental Protection Agency (EPA) released its 20th Annual Inventory of U.S. Greenhouse Gas Emissions for the 2013 calendar year. The inventory reveals a 2% increase in greenhouse gas emissions in 2013 from 2012 levels, attributed to increased energy consumption and coal use. Greenhouse gas emissions totaled 6,673 metric tons of…
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Plan for Traffic Jams
Prepared by Andrew B. Coburn As seen in Business Black Box Q2 2015 Edition Entrepreneurs want to move in the fast lane. There are always more things to do in a day than the available hours will allow. Before you start making profits, you have to move fast to get in the black before your cash…
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Maurie Lawrence Named “The Closer” by Upstate Business Journal at the Who’s Who Awards Celebration
GREENVILLE, SC (March 27, 2015) – Wyche attorney Maurie Lawrence has been named “The Closer” by Upstate Business Journal at the Journal’s Who’s Who Awards Celebration. The Who’s Who Awards recognize individuals who are committed to advancing their fields and the community. The Closer award recognizes an outstanding dealmaker. The Who’s Who Award recipients are…
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New Air Quality Standards for Ozone Could Hamper Upstate SC Economic Development
Upstate Employers Network recent featured Wyche Environmental Attorney Rita Barker as a guest blogger. The featured article can be found below. Under the Clean Air Act, the United States Environmental Protection Agency (EPA) establishes and reviews National Ambient Air Quality Standards, known as NAAQS. NAAQS are nationwide air quality goals designed to protect public health…
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Public Comment Period to Close March 30 on Plan for Offshore Oil Development
In late January 2015 the Department of the Interior took a tentative step toward allowing oil drilling off the coast of South Carolina and several other Southeastern states. The Department’s Bureau of Ocean Energy Management released a Draft Proposed Program (DPP) for 2017-2022 and for the first time has proposed opening areas off the South…
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What the Hack IP
Wyche Inside IP By Meliah Bowers Jefferson You’ve made sure that all of your key patents, copyrights, and trademarks are properly registered. You have iron-clad employment agreements protecting your company’s trade secrets and confidentiality agreements rivaling those signed by the staff of the British Royal Family. But now more than ever, it is not your…
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“March Madness” You Say? Be Careful How You Use That Term!
Wyche Inside IP By Wallace K. Lightsey It is March, and the minds of many turn to college basketball and to the NCAA tournament in particular. The intense focus of the American public and TV-viewing audience on the tournament is an irresistible motivation to advertisers to incorporate “March Madness” into the names of sales and…
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Transforming the Fair Use Analysis – Seventh Circuit Criticizes “Transformative Use”
Wyche Inside IP By Troy A. Tessier Under the Copyright Act, “fair use” is a defense to a copyright infringement claim. According to the statute, the determination of fair use depends on four main factors: The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit…
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Update on the Innovation Act
Wyche Inside IP By Wallace K. Lightsey Wyche Inside IP previously reported on the effort of Congress to combat abuses by “patent trolls” through passage of the Innovation Act (H.R. 9). This legislation was introduced in 2013 and passed the House of Representatives by an overwhelming bipartisan vote of 325-91, but became bogged down in…
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March Madness in the Supreme Court – and Our Bracketology
Wyche Inside IP By Wallace K. Lightsey On March 31, the U.S. Supreme Court will hear oral arguments in two important patent cases. How will it decide? Here are our predictions. In Commil USA, LLC v. Cisco Systems, Inc., the Court will consider whether a defendant’s good-faith belief that a patent is invalid is a…
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After DHEC Director Nominee’s Withdrawal, Agency Conducts Search for New Director
Welcome back! We were on blogging hiatus while our new website was constructed. We hope you enjoy connecting with us on the redesigned website and blog. Now, back to environmental news… As we reported several weeks ago, the South Carolina Department of Health and Environmental Control (DHEC) Board nominated Eleanor Kitzman as the agency’s new…
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Wyche Corporate Connection: February 2015
A stockholder in a merger cannot be required to sign a release post-merger in order to receive the merger consideration. The Delaware Chancery Court recently examined a corporate merger that conditioned receipt of the merger consideration on the target stockholders signing a letter of transmittal releasing all claims against the acquirer. The merger agreement itself…
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Wyche at Work: January 2015 Employment Update
Prepared by Ted Gentry January 2015 North Carolina Companies Entangled in Religious Accommodation Claims with the EEOC Claims of religious discrimination with the EEOC seem to be on the rise. Two recent announcements by the EEOC caught the eye of Wyche at Work. Both involved North Carolina companies and their refusal to hire Rastafarians and/or…
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A Founder. A Friend. A Legacy.
Tommy Wyche’s visionary leadership shaped Wyche into a unique law firm where like-minded attorneys could build a meaningful practice in a community that they love. Tommy brought that same innovative spirit to help transform Greenville and conserve the Upstate’s natural beauty. It is with heavy hearts that we say farewell to our beloved founder and…
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Four Wyche Attorneys Named Among “Greenville’s 50 Most Influential People” by Greenville Business Magazine
GREENVILLE, SC – Wyche attorneys Wallace Lightsey, Henry Parr, Matthew Richardson, and Troy Tessier have been named among “Greenville’s 50 Most Influential People” by Greenville Business Magazine. The list highlights those who have made a significant impact shaping Greenville’s business and community landscape. Greenville Business Magazine recognized Lightsey, Parr, Richardson, and Tessier for their roles…
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South Carolina Lawyers Weekly Names Wallace Lightsey a 2015 Leadership in Law Honoree
GREENVILLE, SC – Wyche attorney Wallace Lightsey has been named a 2015 Leadership in Law Honoree by South Carolina Lawyers Weekly. The award recognizes legal professionals from across South Carolina who have achieved success in their law practice, made contributions to society, and had an impact on the legal profession. Lightsey is one of just…
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DHEC Board Names Eleanor Kitzman as New Director
Following Catherine Templeton’s resignation as Director of the South Carolina Department of Health and Environmental Control (DHEC), the DHEC Board has named Eleanor Kitzman to the post. Kitzman formerly served as the state’s Insurance Commissioner from 2005 to 2007 and most recently worked as an executive for Starr Insurance Holdings in New York. The appointment…
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“Haley, DSS target of federal lawsuit; ‘dangerous deficiencies’ in state care cited”
The State A federal class action lawsuit was filed Monday against Gov. Nikki Haley and the Department of Social Services, saying a lack of heath care and other basic services is endangering children in the child welfare system. The complaint alleges Haley and DSS are responsible for drastic foster home shortages, excessive caseloads for agency…
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Wyche Hosts 100 Percent Panel to Create Stronger Businesses and Communities
GREENVILLE, SC (January 9, 2015) – Greenville-based law firm Wyche sponsored a panel discussion on Thursday, January 8th to explore how South Carolina can harness 100% of its citizens’ talents. The “100 Percent” panel comprised community leaders Nancy Whitworth – Director of Economic Development for the City of Greenville; Dick Wilkerson Chairman & President (Retired)…
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DHEC Director Catherine Templeton Resigns
Catherine Templeton, the director of the South Carolina Department of Health and Environmental Control (DHEC), announced her resignation from the agency, effective January 12, 2015. Templeton stated: “When Governor Haley pulled me from the private sector, I promised her four years of public service and I have fulfilled my commitment. I’m looking forward to serving…
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Startup Corporation Founder’s Stock — Don’t Give Away the Company
Prepared by Andrew B. Coburn As seen in Business Black Box Q1 2015 Edition All too often as a corporate lawyer, I come across startup companies that have issued stock to their founders without any restrictions or conditions. This is a recipe for disaster. If disaster occurs, it usually looks something like this: Two founders…
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EPA Releases Strategic Plan for 2014-2018
The Environmental Protection Agency has released for public comment a draft strategic plan for the agency’s next four years. The Draft FY 2014-2018 EPA Strategic Plan (the “Plan”) is used to support implementation of EPA’s priorities and as a management tool by senior EPA leadership. The Plan is organized around five strategic goals: (1) Addressing…
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Wyche at Work: December 2014 Employment Update
Prepared by Mark Bakker December 2014 Local EEOC Lawsuit Activity EEOC Settles with Hospital in North Carolina The EEOC announced in late November that it had extracted an $85,000 settlement from Angel Medical Center, Inc. in Franklin, NC following a charge of disability discrimination. The EEOC brought a lawsuit against the hospital following a charge…
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SC Supreme Court Rules Against Proposed Kiawah Island Bulkhead
On December 10, 2014, the South Carolina Supreme Court ruled in a 3-2 decision that a developer could not construct a proposed bulkhead and revetment at Captain Sam’s Spit on Kiawah Island. The developer asserted that the bulkhead was needed to stop erosion to facilitate development of the spit. When the developer submitted its original…
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Reforming Patent Reform
Wyche Inside IP By Meliah Bowers Jefferson Speculation, and some anticipation, is running high that Congress will take action to implement concrete patent law reform in the coming year. Spawned by what some have argued to be a problem caused by litigation initiated by non-practicing entities, otherwise known as “patent trolls,” the United States House…
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Amos Workman Receives the Greenville County Bar Association’s Tommy Thomason Award
GREENVILLE, SC – Wyche attorney Amos Workman has been honored by the Greenville County Bar Association with the prestigious Tommy Thomason Award. The award was established in 1993 to recognize the Greenville lawyer who best exemplifies compassion, unshakeable integrity, strong personal values, dedication to the community, humility, and diplomacy. As the Greenville County Bar Association’s…
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Protect your company’s valuable trade secrets!
Wyche Inside IP By Wallace K. Lightsey Economists estimate that intellectual property in the U.S. is worth about $5 trillion, which is equivalent to almost half of the U.S. economy. There is little data on the exact value of trade secrets because trade secrets are, by definition, secret. Nevertheless, it is known that the theft…
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New Leadership at Office of Ocean and Coastal Resource Management
DHEC Director Catherine Templeton has announced the hiring of Sara Pendarvis Bazemore to head the agency’s Office of Ocean and Coastal Resource Management (OCRM). A native of Charleston and 2005 graduate of USC law school, Bazemore has prior experience both in private practice and with DHEC as an attorney for its air division. OCRM oversees…
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EPA Releases Action Plan for RE-Powering America’s Land Initiative
Beginning in 2008, EPA’s RE-Powering America’s Lands Initiative has worked to promote renewable energy development on current and formerly contaminated lands, landfills and mine sites. The Initiative’s Action Plan 2.0 was released in October, with the following goals being set for the next two years: (1) provide technical and programmatic assistance; (2) promote policies and…
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Wyche Receives the Greenville Chamber ATHENA Organizational Leadership Award
GREENVILLE, SC – Wyche has been honored by the Greenville Chamber with the ATHENA Organizational Leadership Award® for 2014. The award recognizes organizations with initiatives dedicated to creating cultures that encourage women employees to achieve their full leadership potential, and that give back to the larger community of women. “Wyche’s unique culture represents the true…
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Modifications Proposed to Standards for Wastewater Facility Construction
In late September DHEC proposed changes to Regulation 61-67, which sets the standards for wastewater facility construction. Among the proposed amendments is a 25% reduction in the unit loading flows used to calculate headworks loading. According to DHEC, this reduction is “based on the knowledge of water savings fixtures and improved designs of sewer collection…
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EPA Announces Historic Greenhouse Gas Enforcement Case
On November 3, the US Environmental Protection Agency (EPA) and the US Department of Justice announced a significant settlement with Hyundai and Kia, automakers facing allegations of inaccurate testing and certification of vehicles sold in America. According to EPA, nearly 1.2 million vehicles sold by the automakers will emit approximately 4.75 million metric tons more…
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Wyche Names Meliah Bowers Jefferson Shareholder
Greenville, SC – Wyche is pleased to announce that Meliah Bowers Jefferson has been named a shareholder of the firm. Jefferson focuses her practice at Wyche on complex commercial litigation, intellectual property law, and insurance coverage matters. She is on the Board of Directors for the South Carolina Women Lawyer’s Association and serves on the…
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U.S. News – Best Lawyers® Recognizes Wyche as a 2015 “Best Law Firm”
Greenville, SC – Wyche has been named a Greenville Tier 1 “Best Law Firm” in 17 practice areas by U.S. News – Best Lawyers® in 2015. The selection is based on a rigorous evaluation process that includes client and lawyer evaluations, peer reviews from leading attorneys in each practice area, and review of additional information…
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Meliah Bowers Jefferson Named One of Greenville’s “Best and Brightest 35 and Under”
GREENVILLE, SC – Meliah Bowers Jefferson, an attorney at Wyche, P.A., has been recognized as one of Greenville’s “Best and Brightest 35 and Under” by Southern First and Greenville Business Magazine. The list highlights young Greenville leaders for accomplishments in their careers and their commitment to making a difference in the community. Candidates are nominated…
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Wyche at Work: October 2014 Employment Update
Prepared by Ted Gentry October 2014 EEOC Update: More Tricks, Fewer Treats for Employers this Halloween The Equal Employment Opportunity Commission (“EEOC”) is the federal agency tasked with investigating violations of and enforcing federal discrimination laws. Recent EEOC activity has been particularly “spooky” for employers. The EEOC’s “Scary” Investigation Tactics Wyche at Work has highlighted the benefits…
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Wyche Corporate Connection: October 2014
Compiled by Eric B. Amstutz Delaware corporate bylaws may require that plaintiffs bring intra-corporate litigation in the state of the corporation’s headquarters. In September 2014, the Delaware Chancery Court upheld the validity of a bylaw adopted by a Delaware corporation that required intra-corporate litigation be brought in the state of the corporation’s headquarters (in that…
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EPA Changes All Appropriate Inquiries Standard: 2005 ASTM Standard No Longer Sufficient
On October 6, 2014, the US Environmental Protection Agency (EPA) finalized an amendment to its All Appropriate Inquiries (AAI) rule, stating that ASTM E-1527-05, the due diligence standard issued in 2005, is no longer adequate to establish landowner and lender liability protections under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a statute that imposes…
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EPA Releases Latest Greenhouse Gas Emissions Data
Earlier this week, the US Environmental Protection Agency (EPA) released its annual Greenhouse Gas Reporting Program data for 2013 emissions. From approximately 8,000 sources that represent 50% of the nation’s total emissions, 3.18 billion metric tons of carbon dioxide equivalent were reported, which constitutes an increase of 20 million metric tons from the previous year,…
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Venture Capital Seed Financing – Convertible Debt
Prepared by Andrew B. Coburn As seen in Business Black Box Q4 2014 Edition A startup company can use a variety of forms of debt or equity to raise its initial funding. Sorting out the options is complicated by the numerous model documents now available for venture capital financing, from the National Venture Capital Association’s…
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Wyche at Work: September 2014 Employment Update
Prepared by Ted Gentry September 2014 Kickball Injury Leads to Workers’ Compensation Award. Wait, What? Because Wyche at Work enjoys competitive recreational activities and company team-building exercises, including the occasional foray on the co-recreational law league softball fields, a recent decision awarding benefits for an injury incurred a kickball event piqued our attention. In Whigham v.…
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EPA Extends Comment Period for its Clean Power Plan Proposal
Earlier this week, the US Environmental Protection Agency (EPA) announced that it will extend the comment period for its most recent regulatory effort to cut carbon pollution from existing power plants, the Clean Power Plan proposal. The proposal aims to cut carbon emissions by 30 percent below 2005 levels. Stakeholders now have until December 1,…
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S.C. Water Resources Conference Coming in October
Registration has opened for the 2014 South Carolina Water Resources Conference, which will be held in Columbia on October 15-16. A biennial event, the Conference is coordinated by Clemson University’s Institute of Computational Ecology and the Center for Watershed Excellence. The Conference is designed “to provide an integrated forum for discussion of water policies, research…
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SC Criminal Prosecutions Continue for Environmental Violations
The United States Attorney’s Office for the District of South Carolina continues to pursue criminal prosecutions for violations of environmental protection laws. On August 21 an Anderson County man, Scott Farmer, was sentenced to three years in federal prison for violations of various air pollution laws. Farmer was involved in demolishing a former Anderson textile…
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EPA Warns of Paint-Stripping Products
On August 28, 2014, the United States Environmental Protection Agency (“EPA”) released a final risk assessment for Dichloromethane (DCM), which is widely used in common household paint-stripping products. The risk assessment indicated DCM poses human health risks to workers and consumers who use products containing this chemical, as well as to bystanders. EPA estimates that…
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Wyche at Work: August 2014 Employment Update
Prepared by Wyche attorney Ted Gentry August 2014 Handbook Series: Communication System Policies and the Blurred Line between Personal Space and the Workplace In a previous edition of Wyche at Work’s handbook series, we highlighted a difficult question facing many employers today: where does the workplace end and an employee’s personal life begin? This boundary…
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Selling Your Company – Potential Deal Killers
Prepared by Andrew B. Coburn As seen in Business Black Box Q3 2014 Edition There are a multitude of things that can kill the sale of a company, but there are a few serial killers that can obstruct the sale of even a “good” business. The typical scenario is an established, profitable business that has done…
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Wyche Attorneys Named The Best Lawyers in America©
GREENVILLE, SC – Best Lawyers® has recognized 21 Wyche attorneys as The Best Lawyers in America© 2015. Best Lawyers also named five Wyche attorneys “Lawyer of the Year”. Eric Amstutz is the 2015 Greenville Corporate Governance Law “Lawyer of the Year,” Melinda Davis Lux is the 2015 Greenville Mergers and Acquisitions Law “Lawyer of…
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South Carolina Legislative Roundup: 2014
The South Carolina Generally Assembly ended its 2014 term in early June, having considered a number of proposed bills with environmental implications. In a March 27th blog post, we summarized several key environmental bills then before the House and Senate. Now that the 2014 term has come to a close, the fate of many of…
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Leadership Greenville Selects Wade Kolb for Class 41
GREENVILLE, SC – Wyche attorney Wade Kolb has been selected for Leadership Greenville, Class 41. Leadership Greenville is a program designed and facilitated by the Greenville Chamber of Commerce to develop informed, committed, and qualified leaders for Greenville County. Participants are selected based upon their involvement in the community and their ability to achieve high…
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Wyche Attorneys Recognized as “Legal Elite” for the Third Year in a Row
GREENVILLE, SC – Greenville Business Magazine has recognized 17 Wyche attorneys as being among the area’s “Legal Elite”. For the third year in a row, Wyche placed more attorneys on the list than any other firm in the Upstate. These Wyche attorneys have been recognized as Greenville’s “Legal Elite”: Eric Amstutz – Corporate Law, Mergers…
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SCDHEC Seeks Input on New General Mining Permit
The South Carolina Department of Health and Environmental Control (“SCDHEC”) is holding a public hearing and seeking comments on a proposed new Mining General Permit – GP1. This General Permit covers mines of only topsoil or sand/clay that are not located in wetlands or other sensitive environmental or historic areas, that are five acres and…
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Wyche Corporate Connection: July 2014
Prepared by Eric B. Amstutz A corporate by-law requiring reimbursement of attorneys’ fees may be enforceable. The Delaware Supreme Court recently ruled that a non-stock corporation’s bylaw provision requiring the plaintiff in intra-corporate litigation to pay the successful defendant’s attorneys’ fees was not invalid on its face. The fee-shifting provision was written to apply to…
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Wyche at Work: July 2014 Employment Update
Prepared by Ted Gentry July 2014 Fourth Circuit Rules in Favor of Employer in Whistleblower Case Whistleblower claims, which protect employees who report potentially illegal conduct by prohibiting retaliatory personnel actions by employers, are generally on the rise. The Fourth Circuit, which covers South Carolina, recently affirmed summary judgment in favor of the defendant employer…
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“Trip Trap Trip Trap!” Has Big Billy Goat Gruff Come to Kill the Patent Troll?
Wyche Inside IP By Wallace K. Lightsey What to do about “patent trolls” – entities that own patents and threaten infringement lawsuits to obtain license fees, but which do not actually make products using the patents they own – has been the subject of a lot of talk and has prompted a flurry of federal…
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You Should Get A License For That
Wyche Inside IP By Meliah Bowers Jefferson CEO Elon Musk, recently created a lot of media attention for his company Tesla Motors, when he announced that the company was giving away free access to the company’s patented technology. In a blog post on Tesla’s website, Musk proclaimed: “in the spirit of the open source movement,…
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Elementary, My Dear Watson?
Wyche Inside IP By Troy A. Tessier There are a total of 60 Sherlock Holmes stories or novels published by Arthur Conan Doyle between 1887 and 1927. Of those, only ten stories remain protected by copyright – the copyrights in all the others have expired. Leslie Klinger wanted to create an anthology of stories inspired…
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The Laches Defense in Copyright Cases – A Puncher’s Chance?
Wyche Inside IP By Troy A. Tessier Jake LaMotta was a world middleweight boxing champion who fought several epic battles with Sugar Ray Robinson in the 1940s and 1950s, and the subject of a popular movie, Raging Bull, in which LaMotta was portrayed by Robert DeNiro. In 1950, LaMotta was involved in Ring Magazine’s Fight…
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Washington Redskins Trademark Decision
Wyche Inside IP By Terrell W. Mills The Trademark Trial and Appeal Board (“TTAB”) of the United States Patent and Trademark Office (“PTO”) cancelled six Washington Redskin football team trademark registrations that included the word REDSKIN on June 18, 2014. The TTAB concluded that the word REDSKIN was derogatory to Native Americans at the time…
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New Technology, Same Old Infringement
Wyche Inside IP By Troy A. Tessier Aereo, Inc. (“Aereo”) provided a monthly service allowing subscribers to select broadcast television programming available over the airwaves to be captured by an individual, subscriber-specific antenna, copied to an individual, subscriber-specific hard drive folder, and then streamed to that subscriber for viewing on a slight delay. This new…
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In Light of Widespread PCB Contamination, ReWa Establishes a General Permit Program for Food Service Establishments
In light of the discovery of PCBs in waste streams throughout SC, including at ReWa, ReWa has announced a permitting program for Food Service Establishments. Most of the approximately 1,350 Food Service Establishments in ReWa’s service area will be covered under the General Permit. The General Permit features a unique condition requiring that each Food…
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Wyche at Work: June 2014 Employment Update
Prepared by Ted Gentry June 2014 Employee Handbooks and Manuals Part VI: Exploring the Blurry Line between Business and Personal through the Lens of Social Media Policies Previous entries for Wyche at Work’s ongoing series on employee handbooks have focused on the workplace. We began the handbook series by explaining the benefits a handbook could bring to the workplace.…
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US Department of Energy Assists Alternative Fuel Vehicle Drivers with Its Fueling Station Locator
If you own an alternative fuel vehicle or are considering purchasing one, the US Department of Energy’s Alternative Fueling Station Locator can make your life easier. Users type in their locations, and the website locates local fueling stations. For users planning trips, the website locates fueling stations along travel routes. The service is also available…
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Supreme Court Sends Mixed Message to EPA on the Agency’s Authority to Regulate Greenhouse Gas Emissions from Stationary Sources
On June 23, 2014, the US Supreme Court issued an important environmental decision, Utility Air Regulatory Group v. EPA, No. 12-1146 (L), which restricts the authority of the Environmental Protection Agency (EPA) to regulate greenhouse gas (GHG) emissions from stationary sources under the Clean Air Act’s Prevention of Significant Deterioration (PSD) and Title V permitting…
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2014 South Carolina Clean Energy Summit Approaching
The Columbia Metropolitan Convention Center will play host to the 2014 South Carolina Clean Energy Summit on July 9, 2014. The Summit will feature “high level moderated sessions” on clean energy topics including policy development, economic development, and emerging technologies. This past week, Mike Switzer, host of South Carolina Educational Radio’s daily broadcast the South…
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Working it out
By Phillip Bantz South Carolina Lawyers Weekly Back in the 1990s a group of bar leaders in Greenville County started talking about a place where low-income litigants could mediate their disputes without having to pay high-priced private mediators. The group’s discussions resulted in the Upstate Mediation Center, a not-for-profit organization that over the last 15…
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Jonathan Cote Joins Wyche
GREENVILLE, SC – Jonathan Cote has joined Wyche as an associate, focusing his practice on transactional matters, including corporate law, mergers & acquisitions, and health care. Prior to joining Wyche, Cote was an associate at Hunton & Williams in Richmond, Virginia where he focused primarily on health care matters. He also held an internship with…
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Supreme Court Agrees that CERCLA Does Not Preempt State Statute of Repose
On June 9 the U.S. Supreme Court issued an opinion in CTS Corp. v. Waldburger, a case we first blogged about last July (and noted in January that the Supreme Court would be reviewing). The case dealt with the issue of federal preemption, a legal principle under which a federal law invalidates a conflicting state law.…
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EPA Proposes Carbon Limits for Existing Power Plants
Last week, the US Environmental Protection Agency (EPA) released its Clean Power Plan proposal, aimed at cutting carbon pollution from existing power plants. According to EPA, power plants contribute a third of all domestic greenhouse gas emissions in the United States. These plants’ emissions for arsenic, mercury, sulfur dioxide, nitrogen oxide and particulate matter are…
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SC Bill to Expedite Environmental Permit Appeals Fails to Progress
Despite support by the South Carolina Chamber of Commerce, a bill to expedite environmental permit appeals, H 3827, failed to pass the South Carolina General Assembly this session. Bill H 3837 would have amended the current law, which mandates that the South Carolina Board of Health and Environmental Control (the “Board”) be given at least…
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