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The South Carolina Court of Appeals rejected the replacement mortgage doctrine on Nov. 25, 2020 and held a home equity line of credit had priority over a subsequent mortgage that secured refinancing of a mortgage prior in time and senior to the HELOC. In
ArrowPointe Federal Credit Union v. Bailey, linked here, the Court of Appeals relied on South Carolina’s statutory race-notice framework to find the home equity line creditor had priority because it recorded its lien before the second mortgage was made and recorded. Appellant filed a motion to reconsider on Dec. 9, 2020, and no action had been taken as of Dec. 30, 2020.
Former Skadden associate is among 20 people granted clemency by Trump
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Among those pardoned by President Donald Trump on Tuesday is a former associate at Skadden, Arps, Slate, Meagher & Flom, who pleaded guilty in the special counsel probe of Russian election influence in 2016.
The associate, Alexander van der Zwaan, was sentenced to 30 days in prison in April 2018 for lying to investigators.
Trump pardoned 15 people in all and granted commutations to five others, report Law.com, the Washington Post, Politico and the New York Times. A White House press release is here.
Van der Zwaan had pleaded guilty in February 2018 to lying in connection with his Ukraine work as a lawyer for Skadden. The law firm was hired in 2012 by the Ukraine Ministry of Justice, with the assistance of former Trump campaign manager Paul Manafort, to prepare a report on the trial of a former Ukraine prime minister who was a political rival to the man who was then the leader o
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We recently provided analysis and practical guidance on mandatory vaccination policies, accommodations, and other considerations for employers as vaccines roll out across the country. The U.S. Equal Employment Opportunity Commission (EEOC) subsequently issued preliminary guidelines for employers on COVID-19 vaccination policies in their updated Technical Assistance Questions and Answers on COVID-19 and various EEO laws.[1]
Here are our key takeaways from these guidelines:
Mandatory Vaccinations Are Not a Medical Examination Subject to the ADA, But Pre-Vaccination Screening Questions Can Be
The EEOC drew a distinction between the administration of vaccines by an employer or a third-party contractor and any pre-vaccination screening questions. Notably, the EEOC determined that vaccine administration is not a medical examination or other disability-related inquiry that would trigger obligations under the Americans with
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In response to the continued market disruption and economic impact of the COVID-19 pandemic, Congress passed the Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act, or the Act, on December 21, 2020 as a part of the Consolidated Appropriations Act, 2021, which provides additional funding to small businesses under the Paycheck Protection Program, or PPP, allows eligible borrowers to receive a second draw loan, simplifies loan forgiveness for loans under $150,000 and classifies forgiven PPP loans as tax deductible.
The Act provides for an additional $284 billion of funding for additional PPP loans through the Small Business Administration, or the SBA, and allows the hardest-hit small businesses to receive a second draw forgivable PPP loan. In order to be eligible for a second draw loan, the small business must (i) have received a PPP loan; (ii) used or will use the full amount of the existing PPP loan on or
Big Wins for Renewable Energy and Transparency in Utility Rate Making
Nelson Mullins Energy Team members Weston Adams and Court Walsh represented a large-scale solar developer before the S.C. Public Service Commission (PSC) in two recently decided high profile matters likely to have positive impacts for the renewable energy industry and ratepayers in South Carolina. On December 10, 2020, in orders issued in two separate PSC dockets, the PSC: (1) Rejected Dominion Energy South Carolina’s (Dominion Energy) required integrated resource plan (IRP) for providing power, saying the utility, among other shortcomings, did not sufficiently analyze the use of renewable energy in its plans; and (2) Adopted a proposed regulation affirming the independence of third-party consultants engaged by the PSC to assist it in avoided cost matters, thus rejecting the language proposed by utilities.