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Audra M. Byrd

Shareholder | Myrtle Beach, SC |

abyrd@turnerpadget.com   |   vcard   |   843-213-5520

Blog Posts

What to Expect When You are the Target of a Lawsuit

It’s frightening for most business owners to receive notice of a personal injury or premises liability lawsuit, and one of the first questions lawyers are asked is whether to settle the suit and for how much. The good news is that a majority of suits settle, usually within the limits of insurance coverage, and those plaintiffs who insist on going to trial generally have weak cases.

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How to Collect Business-to-Business Bad Debts

Uncollected business-to-business debt is a huge problem for most small companies, and unlike consumer debt, there are no laws in South Carolina that directly address either the rights of creditors or debtors. Hardly a day goes by that we don’t hear from a client seeking advice on how to collect on a long-overdue commercial debt. Here is a list of best practices to help collect bad commercial debts, and to avoid ending up with these tough-to-collect liabilities in the first place.

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Keeping the “Limited” in Limited Liability Companies:  Promoter’s Contracts and Torts

Organizing a limited liability company (LLC) often requires more than simply preparing and filing articles of organization. Like any other corporate entity, an LLC frequently has to prepare itself to conduct business even before the LLC is formally organized. Enter the promoters - individuals who act on behalf of an LLC prior to its formal organization and conduct necessary pre-organization work, which generally includes entering into various contracts. Until recently, South Carolina courts had not directly addressed the issue of whether an LLC may be held liable for the actions of a promoter taken prior to the organization of the LLC.

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Arbitration:  Should I Stay (in Court) or Should I Go (to Arbitration)?

In South Carolina, 33 out of 46 counties are “mandatory mediation” counties, and circuit court litigants in these counties are required to participate in mediation of their lawsuits prior to trial (with certain limited exceptions).

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Advice to Opposing Counsel: Do Your (Legal) Homework

Recently, a widely watched television show composed of a panel of diverse women discussed the recent decision of the United States Supreme Court in the case of Burwell v. Hobby Lobby, Inc. The Hobby Lobby case involves three closely held corporations’ challenges to the Affordable Care Act’s mandate that they provide insurance coverage for four contraceptive drugs or devices that operate after the point of conception.

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