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A Checklist for University Policies Addressing Student-Athlete Name, Image and Likeness (NIL) Issues
In the wake of the Supreme Court’s decision in Alston v. NCAA, the National Collegiate Athletic Association (“NCAA”) issued an interim policy announcing that it will no longer enforce its rules prohibiting compensation for the use of a student-athlete’s name, image and likeness (“NIL”). Other athletic associations have like-wise amended their bylaws to allow student-athletes…
The Weekly Scenario: Dynasty Trust planning
The reasons for creating a dynasty trust vary depending upon the needs and desires of the trust settlor. Dynasty trusts can be created to provide creditor and so-called ‘predator’ protection for the beneficiaries of the trust generation after generation. Such trusts can shield against divorce proceedings initiated against a beneficiary of the trust or…
The Importance of Accurate Financial Declarations
South Carolina Family Court Rule 20 requires that a current Financial Declaration must be filed whenever the financial condition of a party is relevant or is an issue to be considered by the Court. As you might imagine this covers the overwhelming majority of cases, including divorce, separation, child custody, visitation, child support, alimony, contempt,…
Unvaccinated: Grounds for Removal of Custody?
A Cook County judge in Chicago recently made what has been called an “unprecedented” decision in a family law case. According to news reports, the parents of an 11-year-old boy were in court in Chicago to address child support. During the hearing, presiding Judge James Shapiro asked the parents if they had been vaccinated against…
OK at Work: Employers’ Responsibilities Under Workers Compensation, the FMLA and ADA
On this week’s episode of OK at Work, Russell Berger and Sarah Sawyer discuss employers’ responsibilities under the FMLA, the ADA, and Workers’ Compensation and how they interplay when an employee is out on leave. A company’s obligations don’t necessarily end when FMLA does. Employers need to have procedures in place to manage employees on…
Determining Child Support in High Income Cases in South Carolina
For the majority of couples in South Carolina, it is relatively easy to determine how much child support must be paid. Our state has Child Support Guidelines that consider a number of factors when calculating the total child support owed by both parties. Though these calculations work well for most couples, there are some people at the…
Read & Share: When Is the Social Security Asset Fund Running Out?
When Is the Social Security Asset Fund Running Out? A social safety net is synonymous with a failsafe for many, but in the case of the U.S. Social Security system, additional action is needed to ensure it stays that way. The annual OASDI trustees report by the Social Security Administration, covering old-age, survivors and…
Child Custody Modification in South Carolina
If you’ve already been through a contested child custody case, the thought of going through the same ordeal again could seem daunting. Ideally, your original agreement or Order was written with enough clarity and flexibility to last until your child or children become adults. Unfortunately, that does not always happen. If there has been a…
Can Employers Require Vaccinations as Part of Job Postings? What to Know.
The Delta variant surge of COVID-19 has been unrelenting. Related U.S. deaths for the week of August 17 totaled 7,225 and continue to rise. However, the Centers for Disease Control and Prevention has stated that being fully-vaccinated is the best way to prevent hospitalization, and ultimately death, arising out of the virus. Earlier this year,…
NCAA Issues NIL Interim Guidance
On June 21, 2021, the Supreme Court published its opinion in Alston v. NCAA. That opinion affirmed the lower court’s opinion and provided the following: The NCAA can continue to limit grants-in-aid at not less than the cost of attendance; The NCAA is allowed to continue to limit compensation and benefits unrelated to education; and…
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