Insights Archive

Nondisclosure and Nondisparagement Agreements in Sexual Harassment and Assault Cases: Speak Out Act Heads to President’s Desk

On November 16, 2022, the U.S. Congress passed a bill that would limit enforceability of nondisclosure and nondisparagement provisions in pre-dispute agreements with employees and independent contractors relating to sexual harassment and sexual assault allegations. The bill, S. 4524, or the “Speak Out Act,” passed the U.S. House of Representatives with a vote of 315–109, the vote coming after the U.S. Senate passed the bill on September 29, 2022.

Justine L. Abrams Morristown Author

Phillip A. Kilgore Greenville Author

Zachary V. Zagger New York Author

South Carolina Governor Signs Liability Shield Legislation Into Law

As expected, on April 28, 2021, Governor Henry McMaster signed the “South Carolina COVID-19 Liability Immunity Act” (Senate Bill 147) into law. The act, which provides protection from “coronavirus claims” to a broad class of covered entities and covered individuals, went into effect immediately and “appl[ies] to all civil and administrative causes of action that arise between March 13, 2020, and June 30, 2021, or [180] days after the final state of emergency is lifted for COVID-19 in [South Carolina], whichever is later, and that are based upon facts occurring during this time period.”

Phillip A. Kilgore Greenville Author

S. Michael Nail Greenville Author

South Carolina Expected to Implement Liability Shield Law to Protect Businesses From Certain COVID-19–Related Claims

The “South Carolina COVID-19 Liability Immunity Act” (Senate Bill 147) is expected to reach Governor Henry McMaster’s desk early this week for his signature. Senate sponsors initially introduced the act on December 9, 2020, and it received final approval in the House of Representatives on April 23, 2021. Similar to its previously introduced predecessors, House Bill 5527 and Senate Bill 1259, the act provides liability protections against coronavirus-based claims for a limited time period for businesses that follow public health guidance in response to the coronavirus public health emergency.

Phillip A. Kilgore Greenville Author

S. Michael Nail Greenville Author

South Carolina Begins to Reopen

South Carolina has joined the growing number of states that have begun to reopen their economies following weeks of closure due to the coronavirus pandemic. On May 1, 2020, Governor Henry McMaster announced that he would lift certain mandatory provisions of his April 6, 2020, statewide “home or work” order and the state would restore health and safety standards to voluntary status effective May 4, 2020.

Phillip A. Kilgore Greenville Author

S. Michael Nail Greenville Author

South Carolina Becomes 42nd State to Issue ‘Stay at Home’ Order

On April 6, 2020, South Carolina Governor Henry McMaster issued Executive Order No. 2020-21 (E.O. 2020-21), which implemented a “home or work” mandate. The order directs South Carolina inhabitants to stay in their homes as of 5:00 p.m. on April 7, 2020, except for engaging in “Essential Business,” “Essential Activities,” or “Critical Infrastructure Operations.” The order also mandates that inhabitants practice social distancing and take every possible precaution to prevent the continued spread of COVID-19.

Phillip A. Kilgore Greenville Author

South Carolina Governor McMaster Closes Non-Essential Businesses

At 4:00 p.m. on March 31, 2020, South Carolina Governor Henry McMaster announced Executive Order (EO) No. 2020-17, which, starting April 1, 2020, at 5:00 p.m., closes all “non-essential” businesses, venues, facilities, services, and activities for public use. The executive order will remain in effect for 15 days, but is likely to be renewed or expanded upon in the coming weeks.

Phillip A. Kilgore Greenville Author

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