A Conversation with Jennifer McLeod of Ellis Lawhorne On Estate Planning

Article from MidlandsBiz

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What Authority the Principal Chose: Arredondo, POAs, and Arbitrability

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It was only a matter of time before arbitrability (the enforceability of an agreement to arbitrate) put a South Carolina courts in the position to construe the language in a power of attorney ("POA"). And this opinion did.  I try to view these decisions through the lens of how an attorney practicing in South Carolina might learn from them. And this decision, like some others involving the FAA and arbitrability, (for example, Grant v. Kuhn Chevrolet  or Herron v. Century BMW  , had the litigator and the drafter in me scratching my head.  Or at least I was confused until I learned about what had happened legislatively in the time since the POAs at issue in Arredondo were scrutinized by three (3) South Carolina courts. This decision, involving a POA executed before January 1, 2017, is likely an anomaly or a one-off, as going forward the S.C. Uniform Power of Attorney Act (SCUPOA) provides a guide for the creation of POAs that may avoid the necessity for so much judicial scruti
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Legalized, But Regulated: Commercial Hemp in South Carolina

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On December 20, 2018 the Agricultural Improvement Act of 2018  (the "2018 Farm Bill") became law.  Following closely on the heels of the 2018 Farm Bill, on March 28, 2019 the South Carolina Hemp Farming Act  ("S.C. Hemp Farming Act") was signed into law.  The following is a brief overview of the status of hemp (also called "commercial hemp" or "industrial hemp") farming and regulation in South Carolina in the wake of the 2018 Farm Bill and the S.C. Hemp Farming Act. Background The terms "hemp" (which has non-drug connotations and uses) and "marijuana" (no further explanation necessary) describe the same plant genus: cannabis. The difference between the two is generally based on the relative amount of tetrahydrocannabinol (THC) contained in the plant. Hemp plants are cultivated to produce fiber and seeds and very little if any THC. Marijuana plants, on the other hand, are cultivated to produce more THC. THC
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Missed Deadlines and "Technology" Errors

You may recall this post in April of last year about Robinson v. Wix Filtration Corp. , in which the 4th Circuit Court of Appeals determined computer problems in the Appellant's office resulting in the failure to receive notice of a motion for summary judgment did not warrant relief under either Rule 59 or Rule 60. Recently the 4th Circuit again had the opportunity to address a missed filing deadline where computer technology played a role. Symbionics v. Ortlieb  reversed a District Court determination that "a quirk in the functionality of counsel's computer calendar caused counsel to miscalculate the deadline to appeal" a judgment constituted "excusable neglect" under Rule 4(a)(5)(A) of the Federal Rules of Appellate Procedure . Symbionics filed a notice of appeal one day after the expiration of the 30-day time limit, and then filed a motion for extension of time to extend that deadline by one day. According to the opinion, counsel calendared the inco
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