Kennedy Covington: KCLH Publications

Cultivating Meaningful Relationships for Half a Century

PRESS RELEASES

ARTICLES OF INTEREST

KCLH PUBLICATIONS

PUBLICATIONS SIGN-UP

CONTINUING EDUCATION

SPEAKING ENGAGEMENTS


BANKING AND FINANCE

Joe Kluttz Named President of N.C. Museum of Art Foundation

CAMPAIGN FINANCE, POLITICAL COMMITTEES AND ETHICS

Campaign Finance Memorandum - August News Update September 2007 Campaign Finance Memorandum - Summer 2007 News Update August 2007 U.S. Supreme Court Relaxes Restrictions on Issue Ads Prior to Elections July 2007

CORPORATE

Pension Protection Act of 2006 August 2006 Hart-Scott-Rodino Alert March 2005 Corporate Board Member - America's Best Corporate Lawyers August 2004 Internal Revenue Service Issues Final Regulations Regarding "Split Dollar" Life Insurance Arrangements October 2003

EMPLOYEE BENEFITS

Supreme Court Opinion Expands Liability for Fiduciary Breaches March 2008 Top Ten Employers' Resolutions January 2008 Deferred Compensation Under 409A: Focus on Issues: Equity Based Compensation June 28, 2007 Deferred Compensation Under 409A: Focus on Issues: 6-Month Delay Rule June 21, 2007 Deferred Compensation Under 409A: Focus on Issues: Separation Pay June 14, 2007 Deferred Compensation Under 409A: Focus on Issues: Separation from Service June 7, 2007 Deferred Compensation Under 409A: A Primer May 31, 2007 New Deferred Compensation Rules Require Action in 2007 May 23, 2007 Pension Protection Act of 2006 August 2006 U.S. Department of Labor Publishes Final USERRA Regs January 2006 Cafeteria Plan "Use-It-Or-Lose-It" Rule May 2005 New Legislation Makes Significant Changes to Deferred Compensation Arrangements October 2004 Internal Revenue Service Issues Final Regulations Regarding "Split Dollar" Life Insurance Arrangements October 2003

ENVIRONMENTAL

From Fringe to Focal Point: The "Green" Building Trend Continues February 2008 Goose Creek Watershed - Recent Developments by the NC Environmental Management Commission February 2007

ESTATE PLANNING AND ADMINISTRATION

Client Alert on Family Limited Partnerships and Limited Liability Companies February 2004 Internal Revenue Service Issues Final Regulations Regarding "Split Dollar" Life Insurance Arrangements October 2003

FINANCIAL RESTRUCTURING

Lender Arbitration Clauses Called Into Question February 2008 New Bankruptcy Legislation April 2005 U.S. Supreme Court's Recent Decision in Till v. SCS Credit Corporation June 2004

GOVERNMENTAL RELATIONS

U.S. Supreme Court Relaxes Restrictions on Issue Ads Prior to Elections July 2007

HEALTH LAW

Proposed Revisions to Stark II, Phase III Regulations April 2008 CMS Issues Final Stark II Phase III Regulations September 2007 Proposed Changes to Independent Diagnostic Testing Facility Performance Standards August 2007 Proposed Revisions to Stark II Regulations July 2007 Medicaid Fraud & Abuse Developments under the Deficit Reduction Omnibus Reconciliation Act of 2005 June 2007 New Electronic Prescribing and Electronic Health Records August 2006 Proposed Amendments to the CON Statute January 2005 Uninsured Patient Claims Against Hospitals November 2004 Health Care Transactions Primer CLE Presentation to the Kennedy Covington Business Law Department April 2004 Stark II Phase II Regulations April 2004 Emerging Issues in Healthcare Law - Is It All a Matter of Perspective? Presentation to American Bar Association Health Law Section February 2004 HIPAA Update Presented to ABA Health Law Section November 2003

IMMIGRATION

New H-1B Numbers May Be Exhausted Within Days of 4/1/2007 March 2007 20,000 New H-1B Numbers Available May 2005 H-1B Cap Has Been Reached October 2004 Revisiting The Madrid Protocol September 2004 A Primer of the Foreign Corrupt Practices Act February 2004 H-1B Petitions February 2004 Goodbye INS: Hello Department of Homeland Security April 2003 New Interim Regs for Permanent Resident/"Green Card" Applicants November 2002

INDIA ADVISORY

Traveling to India December 2007 Overview of India's Unincorporated Office Entities December 2007 India Is Alive! May 2007 Industrial Growth Trends in India May 2007 Doing Business in India: Taxation December 2006 India Advisory Group September 2006 Contracting in India July 2006

INTELLECTUAL PROPERTY

The Supreme Court Speaks Out on Patent Issues May 2007 U.S. Patent Office Implements New Program for Accelerated Examination of Patent Applications January 2007 If At First You Don't Suceed, Call Your Congressman November 2006 Patent "Trolls," Injunctions and Other Fun Stuff July 2006 Bought and Paid For? Not Exactly! March 2006 Email Senders Can Now Control Applicability of the CAN-SPAM Act September 2005 Provisional Patent Applications: Panacea or Time Bomb? January 2005 The Madrid Protocol October 2004

INTERNATIONAL

Traveling to India December 2007 Overview of India's Unincorporated Office Entities December 2007 India Is Alive! May 2007 Industrial Growth Trends in India May 2007 New U.S. Tax Rules on Deferred Compensation Affect Foreign Arrangments December 2006 Doing Business in India: Taxation December 2006 India Advisory Group September 2006 Contracting in India July 2006 The Role of a U.S. Patent in Going Global January 2006 Using the U.S. Court System to Obtain Evidence in the U.S. for Foreign Litigation October 2005 The American Jobs Creation Act May 2005 Revisiting The Madrid Protocol September 2004 Planning an FCPA Compliance Program June 2004 A Primer of the Foreign Corrupt Practices Act February 2004 Export Control Basics and the Deemed Export Rule August 2003 Managing Risks in International Disputes May 2003 Doing Business in the United States - A Guidebook for Foreign Companies Operating in the United States International Business Ventures - A Guidebook for Companies Operating in Foreign Jurisdictions

LIFE SCIENCES

Personalized medicine and the human touch December 2007 A Discussion with Dr. Anthony Atala, Wake Forest Institute for Regenerative Medicine June 2007

LITIGATION

Business Disputes
The Mechanics of Effective Electronic Discovery February 2006 Kennedy Covington Obtains Permanent Injunction February 2005 Kennedy Covington files Permanent Injunction on behalf of Washington and Beaufort Counties November 2004 Kennedy Covington files Motion for Summary Judgment on behalf of Washington and Beaufort Counties November 2004 Kennedy Covington files Brief in support of Summary Judgment on behalf of Washington and Beaufort Counties November 2004

Employment Law
Employment Law Issues - Legal Assistance in Employment Relationships 2008 Supreme Court Opinion Expands Liability for Fiduciary Breaches March 2008 FMLA Leave Expanded for Families of Active Duty Soldiers March 2008 Top Ten Employers' Resolutions January 2008 Recent Supreme Court Decision Spurs Employee-Friendly Legislation October 2007 Deferred Compensation Under 409A: Focus on Issues: Equity Based Compensation June 28, 2007 Deferred Compensation Under 409A: A Primer May 31, 2007 New Deferred Compensation Rules Require Action in 2007 May 23, 2007 New EEO-1 Reporting Requirements Command Employer Attention April 2007 New H-1B Numbers May Be Exhausted Within Days of 4/1/2007 March 2007 Pension Protection Act of 2006 August 2006 U.S. Supreme Court Decision Broadens Employee Retaliation Claims Under Title VII of the Civil Rights Act of 1964 July 2006 U.S. Department of Labor Publishes Final USERRA Regs January 2006 New Challenges for Employers as N.C. Legislature Enacts Wage and Hour Amendments and the Identify Theft Protection Act December 2005 Employer's Failure to Have Clear Employee Attendance Policy Opens Door to Liability Under Americans With Disabilities Act October 2005 20,000 New H-1B Numbers Available May 2005 U.S. Supreme Court Allows Disparate Impact Claim Under Age Discrimination in Employment Act and Provides Employers A New Defense to Such Claims April 2005 Modifications to the Uniformed Services Employment and Reemployment Rights Act January 2005 American Jobs Creation Act of 2004 Changes Taxation of Attorney's Fees for Discrimination Plaintiffs November 2004 New Legislation Makes Significant Changes to Deferred Compensation Arrangements October 2004 What Impact Will the New FairPay Rules Have on Your Company? May 2004 New Legislation - At-Will Employment Reaffirmed in South Carolina March 2004 Recent South Carolina Case Law March 2004 H-1B Petitions February 2004 Goodbye INS: Hello Department of Homeland Security April 2003 New Interim Regs for Permanent Resident/"Green Card" Applicants November 2002

Financial Services Litigation
Lender Arbitration Clauses Called Into Question February 2008 New Bankruptcy Legislation April 2005 U.S. Supreme Court's Recent Decision in Till v. SCS Credit Corporation June 2004 Court of Appeals Affirms Dismissal of Class Action January 2004 U.S. Supreme Court: Class Action in Arbitration is Question for Arbitrator June 2003 South Carolina's High-Cost and Consumer Home Loan Act June 2003 Class Actions: Arbitration May be New Forum January 2003

Real Estate, Construction, Land Use and Environmental Litigation
Mold: Get Ahead of the Curve May 2003

Securities Compliance and Defense
Marketing to Senior Citizens Through "Senior Professional" Designations January 2008 State Securities Regulators Police Annuities Sales November 2007 Client Update - Mandatory Securities Arbitration - The Beginning of the End of an Era? September 2007 Certain Sub-Advisor Arrangements Barred in North Carolina December 2006

MERGERS AND ACQUISITIONS

Mergers & Acquisitions - Private Equity: 2007 Highlights January 2008 Mergers & Acquisitions - Private Equity: 2006 Highlights January 2007 2005 M&A and Private Equity Update Hart-Scott-Rodino Alert March 2005 Ready to Sell? - A Guidebook for the Sale of a Business

PRIVATE EQUITY AND MEZZANINE FINANCE

Mergers & Acquisitions - Private Equity: 2007 Highlights January 2008 Mergers & Acquisitions - Private Equity: 2006 Highlights January 2007 2005 M&A and Private Equity Update Hart-Scott-Rodino Alert March 2005

REAL ESTATE

Triangle Municipalities Struggle to Embrace Higher Densities April 2007 New State Statute Heavily Penalizes Tree Cutting Violations December 2005 Amendment One Passes: Self-Financing Bonds (TIFs) Now Come to NC November 2004

Coastal Development
Significant Changes to Coastal Stormwater Permitting on the Horizon September 2007

Land Use and Zoning
From Fringe to Focal Point: The "Green" Building Trend Continues February 2008 Lot Purchaser Recovers Damages from State and County September 2007 City of Durham Considers Increases to Street Impact Fees July 2007 Triangle Municipalities Struggle to Embrace Higher Densities April 2007 The Zoning Board of Adjustment - Powers and Limitations December 2006 Flexible Rules Needed for a Changing Coastline June 2006 Recent Land Planning Legislation in North Carolina Changes the Landscape December 2005 Recent Planning Legislation in North Carolina November 2005 Durham, RTP Land Use and Zoning Lawyers Join Kennedy Covington July 2005 New Public Incentive Comes to North Carolina - Amendment One Passes Self-Financing Bonds (TIFs) November 2004 Amendment One Passes: Self-Financing Bonds (TIFs) Now Come to NC November 2004 Consider Environmental Issues at the Beginning of a Project or Transaction June 2004 New Stormwater Utility Fee Introduced in Raleigh April 2004 Raleigh Resurgence: An Update on Downtown Projects December 2003 Recent Actions Affecting Tree Preservation in the City of Raleigh and Wake County July 2003 An Overview of Planned Development District Zoning in Raleigh April 2003 Raleigh's Stormwater Ordinace Sets Rigorous Standards for Developers November 2002

Mixed-Use/Planned Development
New Residential Street Pavement Standards for Charlotte: Who Will Bear the Increased Costs? April 2005 Amendment One Passes: Self-Financing Bonds (TIFs) Now Come to NC November 2004

Real Estate Development
From Fringe to Focal Point: The "Green" Building Trend Continues February 2008 New State Statute Heavily Penalizes Tree Cutting Violations December 2005 Amendment One Passes: Self-Financing Bonds (TIFs) Now Come to NC November 2004

Real Estate Environmental
Goose Creek Watershed - Recent Developments by the NC Environmental Management Commission February 2007 New Phase I Standards Issued by EPA December 2005 Vapor May Accumulate in Indoor Air at Contamination Sites October 2005 U.S. Supreme Court Limits CERCLA Contribution Claims February 2005 Amendment One Passes: Self-Financing Bonds (TIFs) Now Come to NC November 2004 Consider Environmental Issues at the Beginning of a Project or Transaction June 2004 South Carolina Proposes Rules to Regulate Isolated Wetlands February 2004 *Two Fourth Circuit Decisions Give Guidance on Federal Wetlands Jurisdiction Following U.S. Supreme Court SWANCC* Decision January 2004 Update on Important Changes to North Carolina Underground Storage Tank Program November 2003 Important Underground Storage Tank Legislation Enacted July 2003 Mold: What Commercial Property Owners and Developers Should Know June 2003 Mold: Get Ahead of the Curve** May 2003

Real Estate Finance
Amendment One Passes: Self-Financing Bonds (TIFs) Now Come to NC November 2004

Real Estate Leasing
The Need for Speed - Leasing Challenges in Today's Economic Marketplace January 2006 Limited Nonresident Commercial Real Estate License: Making North Carolina More Accessible to Out of State Brokers January 2005 Amendment One Passes: Self-Financing Bonds (TIFs) Now Come to NC November 2004 Does the Landlord's Payment of a Tenant Improvement Allowance Enable the Tenant's Contractors to Lien the Landlord's Property? June 2004 How Secure is the Landlord's Security: Analyzing Security Deposits, Guaranties and Letters of Credit October 2003 Mold: What Commercial Property Owners and Developers Should Know June 2003 The Importance of Use Provisions in Retail Leases December 2002 Alternative Dispute Resolution in Commercial Leases October 2002 Dealing with a Franchisor in a Retail Lease July 2002 Casualty Insurance Issues and the Ground Lease (and the Divergent Interests of Landlord and Tenant) March 2002

SECURITIES

SEC Adopts Final Voluntary E-Proxy Rules and Proposes Mandatory Use of New Rules in the Future February 6, 2007 SEC Adopts Amendments to Executive Compensation Disclosure Rules January 9, 2007 Next Steps in Light of New Compensation Disclosure Rules October 19, 2006 SEC Adopts Changes to Compensation Disclosure Rules August 17, 2006 Federal Government Steps Up Enforcement of Foreign June 21, 2006 Caution: Stock Option Grant Practices Under Scrutiny June 12, 2006 SEC Proposes Changes to Executive Compensation Disclosure Rules February 20, 2006 SEC Adopts Changes to Filing Deadlines for Forms 10-K and 10-Q December 22, 2005 SEC Proposes Rules for Furnishing Proxy Materials on the Internet December 15, 2005 SEC Adopts Final Rules Postponing Compliance Deadline September 30, 2005 SEC Adopts Rules to Streamline the Securities Offering Process August 23, 2005 SEC Staff Answers Frequently Asked Questions About Form 8K Requirements January 14, 2005 SEC Postpones Final Phase-in of Filing Deadline Acceleration for "Accelerated Filers" November 19, 2004 SEC Adopts Final Rules Implementing New Form 8-K Filing Requirements March 23, 2004 SEC Adopts Disclosure Rules Regarding the Director Nomination Process and Shareholder Communications with the Board - January 9, 2004 SEC Approves New Nasdaq Corporate Governance Rules January 9, 2004 Proposed Rules Regarding Shareholder Nominations for Directors October 24, 2003 Nominating Committees and Shareholder Communications with Directors August 27, 2003 Electronic Filing and Website Posting of Section 16 Reports June 26, 2003 Final Rules Regarding Management Reports on Internal Control June 19, 2003 Certifications Under Sections 302 and 906 of the Sarbanes-Oxley Act March 27, 2003 SEC Adopts Final Auditor Independence Rules February 14, 2003 Standards of Professional Conduct for Attorneys February 4, 2003 Disclosure of Off-Balance Sheet Arrangements and Contractual Obligations January 31, 2003 Final Rules Prohibiting Insider Trading During Pension Fund Blackout Periods January 29, 2003 Audit Committee Financial Experts/Codes of Ethics for Senior Financial Officers January 28, 2003 Use of Non-GAAP Financial Measures and Filing Earnings Releases on Form 8-K January 27, 2003 SEC Proposes Rules Regarding Audit Committees of Listed Companies January 14, 2003 Electronic Filing and Web Site Posting of Section 16 Reports January 3, 2003 New Rules for Non-GAAP Financial Information, Earnings Releases and Off-Balance Sheet Transactions - November 12, 2002 Disclosure Controls and Procedures November 5, 2002 Thinking About Going Public? - Initial Public Offering Guidebook

TAX AND UNINCORPORATED BUSINESS

North Carolina Department Of Revenue Announces Voluntary Compliance Program January 2005