Publications

  • The FAA vs. the U.S. Bankruptcy Code?
    Published in For The Defense Magazine in August 2011
    In a construction law practice, a lawyer will have cases involving both the Bankruptcy Code, 11 U.S.C. §101 et seq., and the Federal Arbitration Act, 9 U.S.C. §1 et seq. (FAA). This article addresses which of the two federal laws takes precedence when both are applicable to a construction or commercial dispute.
  • Effects of Recent U.S. Supreme Court Decisions on Arbitrations and Class Action Litigation in South Carolina
    Reprinted with permission from the South Carolina Bar. The article originally appeared in the May 2011 issue of South Carolina Lawyer magazine.
    The U.S. Supreme Court issued several decisions during its most recently completed term that may affect where and how arbitrations and class actions are conducted in South Carolina. Likewise, the S.C. Supreme Court recently issued a significant decision addressing arbitration and class action litigation.
  • Shady Grove and CAFA: Opening the Federal Door for Class Actions Barred By States
    Published in International Association of Defense Counsel Business Litigation Newsletter June 2010
    Shaun C. Blake analyzes two recent Supreme Court decisions that may have a substantial impact on class action litigation. His article, “Shady Grove and CAFA: Opening the Federal Door for Class Actions Barred By States,” discusses the various opinions submitted by the Court in Shady Grove. Then, looking at the Court’s subsequent decision in Holster, he considers whether CAFA and Shady Grove will result in a new wave of consumer-driven class action litigation.
  • Are You Sure You're Ready to Disburse?
    Published in South Carolina Lawyers Magazine November 2009
    What happens if the All American Bank check turns out to be a counterfeit, was obtained fraudulently or bears an unauthorized signature? Do you, the closing attorney, intend to bear that risk? This article is intended to alert real estate closing attorneys and any other lawyers who utilize IOLTA (or other trust) accounts of the risks associated with disbursements from such accounts.
  • Impact Study: Philanthropy - An Attorney's Perspective on Building Communities and Leaders
    Philanthropy is a powerful change agent. It builds stronger communities and strong leaders. The beauty of it is that you don't have to be famous nor do you have to be a billionaire to create impact as a philanthropist. This is why Ellis Lawhorne has made a commitment to be actively philanthropic as a firm and as individuals, committing leadership, volunteer hours and dollars to unmet needs in the Midlands.
  • Fundamentals for the Construction Law Practitioner
    Published in For The Defense Magazine in June 2009
    The Bankruptcy Code, codified as Title 11 of the United States Code, and the Federal Rules of Bankruptcy Procedure govern bankruptcy cases. In addition, the bankruptcy court that has jurisdiction of a particular case will have local rules that are applicable to the case. The Bankruptcy Code has chapters, which set forth the principles that govern different kinds of debtors and debt relief. The chapters that the construction law practitioner may likely encounter are Chapters 11, 7 and 13.
  • The Recent Success of “Silent Tort Reform”
    As the Bush Administration draws to a close, the debate over whether the Administration has engaged in “silent tort reform,” tort reform achieved without Congressional action, continues to rage in academic circles.[1] Policy concerns about silent tort reform have been at the center of these conversations. Regardless of your political views, however, a review of recent case law and regulations exposes efforts of the Administration to urge the courts to find common law actions for product liability preempted by federal authority. As practitioners, this intervention by federal agencies and the regulations propounded by them under the Bush Administration may have a significant impact on the defenses that we pursue before the courts on behalf of our clients in product liability cases.
  • Selecting and Vetting Your Client’s Expert Witness
    As any litigator will attest, expert witnesses often are the most critical witnesses in a lawsuit. A good expert witness retained early in the litigation can help a litigator navigate the evidentiary landscape of a case from the inception of the case to the closing argument. Furthermore, at trial, juries provide substantial weight to the testimony that an expert provides to them. The gravitas that “experts” carry with them into the courtroom should not be underestimated, and prudent litigators ensure that all experts, even their own, are worthy of that gravitas by properly vetting and selecting experts well in advance of trial.
  • Impact Study: Even in an Economic Downturn, There are Safe, Profitable Opportunities for Real Estate Developers
    Developers often take economic risks to work within the communities that need help the most. Recognizing that, both state and federal government have tried to make it easier for investors and developers to take on projects that enhance a community’s quality of life and strengthen its economic base through tax breaks.
  • Impact Study: The Joining of Economic and Environmental Interests Calls for Preparation, Investigation and Communication - At All Stages of the Process
    When selling or purchasing property for development, an informed decision-making process controls costs and liabilities for the parties, while preserving our state’s unique natural resources for future generations.
  • Impact Study: Tax Credit Equity Financing for Income Producing Real Estate Development
    Ellis Lawhorne’s Business, Real Estate, and Finance Practice Group helps real estate developers secure equity generated from the sale of state and federal tax credits to finance income-producing projects.
  • Impact Study: Business, Real Estate and Finance
    Downtown Columbia has recently enjoyed a major revitalization, and the attorneys of the Ellis Lawhorne Business, Real Estate and Finance Practice Group have played a major role in this process.
  • Impact Study: Trusts and Estates
    For over 20 years, our Trusts and Estates Practice Group has provided estate planning and administration services to families throughout South Carolina.