News & Press

Wednesday, September 20, 2017

McCall Farms Acquires Sager Creek Vegetable Company Brands


McCall Farms Acquires Sager Creek Vegetable Company Brands

 

McCall Farms, known for its tasty line of high quality, seasoned southern-style vegetables and fruits, announced today they are acquiring the brands of Sager Creek Vegetable Company, a division of San Francisco-based Del Monte Foods, Inc. .  The acquired retail and foodservice brands have national and regional distribution and include well-known names like


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Monday, November 28, 2016

Patheon to take over Roche Carolina facility


Patheon has plans to take over the Roche Carolina Inc. facility, company officials announced today.

With U.S. headquarters in North Carolina’s Research Triangle Park and European headquarters in Zug, Switzerland, the pharmaceutical company signed an agreement to integrate Roche Carolina’s 300,000-square-foot site into the Patheon network.
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Sunday, May 22, 2016

Local Businesswoman Honored During Small Business Week


Small Business Week is always a big deal at our firm for two reasons. First, even though we have been in business for over 100 years, our firm is technically a small business. Second, many of our customers are small business owners. So, we were delighted when we saw that during this year’s Small Business Week a local businesswoman had been named the 2016 South Carolina Female Business Person of the Year by the U.S.


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Saturday, May 14, 2016

Lawmakers Pass the Defend Trade Secrets Act


How can my business protect its trade secrets?

Certain forms of intellectual property such as patents, trademarks and copyrights have long enjoyed protection under Federal law. Until recently, this has not been the case for trade secrets. Now that Congressional lawmakers have passed the Defend Trade Secrets Act of 2016 (DTSA), however, owners of trade secrets will have a Federal private cause of action for the misappropriation of this highly sensitive information.

What are Trade Secrets?

Information such as formulas, designs, practices, processes or patterns that are not widely known outside of a business are considered to be trade secrets. These can include things like the formula for Coca-Cola or any of Google's search algorithms.


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Thursday, May 12, 2016

The Florence attorney and history buff with Willcox, Buyck & Williams tells us what’s good in the neighborhood


Local Counsel with Mark W. Buyck Jr.  Published in 2016 South Carolina Super Lawyers — May 2016

BEST PLACE TO TAKE A NEW CLIENT  -  Victors restaurant in Hotel Florence, which is just a block away from my office. 

FAVORITE HISTORICAL SITE  -  The Confederate Stockade. When the Yankees were approaching and Andersonville was evacuated, they put the prisoners on trains, brought them to Florence and quickly put up a stockade in September 1864.
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Wednesday, December 9, 2015

Preparing for the future is an uncertain business...

Estate Planning Don’ts

Preparing for the future is an uncertain business, but there are steps you can take during your lifetime to simplify matters for your loved ones after you pass, and to ensure your final wishes are carried out. Planning for what happens to your property, or who cares for your family members, upon your death can be a complicated process. To simplify things, we’ve created the following list to help you avoid some of the pitfalls you may encounter before, or even long after, you create your estate plan.

Don’t assume you can plan your estate by yourself. Get help from an estate planning attorney whose training and experience can ensure that you minimize tax implications and simplify the process of settling your estate.

Don’t put off your estate planning needs because of finances. To be sure, there are upfront costs for establishing the estate plan; however establishing your estate plan is an investment in the future well-being of your family, and one which will result in a far greater cash savings over the long term.

Don’t make changes to your estate plan without consulting your attorney. Changes in one area of your estate plan could impact other provisions you have made, triggering legal or tax implications you never intended.

Don’t assume your children will intuitively know your wishes, and handle the situation appropriately upon your death. Money and sentimental items can cause a rift between even the most agreeable siblings, and they will be especially vulnerable as they deal with the emotional impact of your passing.

Don’t assume that once you’ve prepared your estate plan it’s set in stone. Estate planning documents regularly need to be revised, often due to a change in marital status, birth or death of a family member, or a significant change in the value of your estate. Beneficiary designations should be periodically reviewed to ensure they are up to date.

Don’t forget to notify your family members, friends or other beneficiaries of your estate plan. Make sure your executor and successor trustee have access to your end-of-life documents.

Don’t assume your spouse will handle everything if something happens to you. It’s possible your spouse may be incapacitated at the same time, for example if you both are injured in the same accident. A proper estate plan appoints alternate representatives to handle your affairs if both you and your spouse are unable to do so.

Don’t use the same person as your agent under both the financial and healthcare powers of attorney. Using the same individual gives that person an incredible amount of influence over your future and it may be a good idea to split up the decision-making authority.

Don’t forget to name alternate agents, executors or successor trustees. You may name a family member to fill one of these roles, and forget to revise the document if that person dies or becomes incapacitated. By adding alternates, you ensure there is no question regarding who has the authority to act on your or the estate’s behalf.


Wednesday, August 19, 2015

Commercial Real Estate

Negotiating a Commercial Lease? Be Sure to Address These Issues

When it comes time for your business to move into a new commercial space, make sure you consider the terms of your lease agreement from both business and legal perspectives.  While there are some common terms and clauses in many commercial leases, many landlords and property managers incorporate complicated and sometimes unusual terms and conditions.   As you review your commercial lease, pay special attention to the following issues which can greatly affect your legal rights and obligations.

The Lease Commencement Date
Commercial leases typically will provide a rent commencement date, which may be the same as the lease commencement date. Or not. If the landlord is performing improvements to ready the space for your arrival, a specific date for the commencement of rent payments could become a problem if that date arrives and you do not yet have possession of the premises because the landlord’s contractors are still working in your space. Nobody wants to be on the hook for rent payments for a space that cannot yet be occupied. A better approach is to avoid including in the lease a specific date for commencement, and instead state that the commencement date will be the date the landlord actually delivers possession of the premises to you. Alternatively, you can negotiate a provision that triggers penalties for the landlord or additional benefits for you, should the property not be available to you on the rent commencement date.

Lease Renewals
Your initial lease term will likely be a period of three to five years, or perhaps longer. Locking in long terms benefits the landlord, but can be off-putting for a tenant. Instead, you may be able to negotiate a shorter initial term, with the option to extend at a later date.  This will afford you the right, but not the obligation to continue with the lease for an additional period of years.   Be sure that any notice required to terminate the lease or exercise your option to extend at the end of the initial lease term is clear and not subject to an unfavorable interpretation.

Subletting and Assignment
If you are locked into a long-term lease, you will likely want to preserve some flexibility in the event you outgrow the space or need to vacate the premises for other reasons. An assignment transfers all rights and responsibilities to the new tenant, whereas a sublease leaves you, the original tenant, ultimately responsible for the payments due under the original lease agreement. Tenants generally want to negotiate the right to assign the lease to another business, while landlords typically prefer a provision allowing for a sublease agreement.

Subordination and Non-disturbance Rights
What if the landlord fails to comply with the terms of the lease? If a lender forecloses on your landlord, your commercial lease agreement could be at risk because the landlord’s mortgage agreement can supersede your lease. If the property you are negotiating to rent is subject to claims that will be superior to your lease agreement, consider negotiating a “nondisturbance agreement” stating that if a superior rights holder forecloses the property, your lease agreement will be recognized and honored as long as you fulfill your obligations according to the lease.


Tuesday, August 18, 2015

The Best Lawyers in America

Congratulations to Mark W. Buyck, Jr. and Mark W. Buyck, III for once again being selected by their peers for inclusion in The Best Lawyers in America 2016.  Mark W. Buyck, Jr. was selected in the fields Personal Injury Litigation and Mark W. Buyck, III was selected in the areas of Employment and Labor Law.

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Over 79,000 leading attorneys globally are eligible to vote, and we have received more than 12 million votes to date on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2016 Edition of The Best Lawyers in America©, 6.7 million votes were analyzed, which resulted in more than 55,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers "the most respected referral list of attorneys in practice."


Wednesday, August 12, 2015

Careful what you post on social media

Don’t Let Your Social Networking Activities Undermine Your Divorce Negotiations

According to the American Academy of Matrimonial Lawyers, in the past five years 81% of its members have represented clients in cases involving evidence from social networking sites, such as Facebook, MySpace, Twitter, YouTube and LinkedIn. Posted pictures and comments can make the job all-too-easy for your former spouse’s attorney to attack your credibility and ensure you do not receive the relief that you are requesting from the court.

A picture is worth a thousand words. And that picture you posted of yourself, in various stages of undress, or with a marijuana cigarette in one hand and a drink in the other, speaks volumes to the court and can result in unfavorable rulings regarding child custody or visitation. But the information posted doesn’t even have to be tawdry or illegal to land you in trouble. What about the ex-husband who claims he has no income, but his Facebook profile is chock-full of photos of luxury purchases or exotic vacations? What about the parent who posts profanity-laden status updates, insulting the judge’s competence? Should it find its way into the court, none of this information is going to help your case.

All of these communications can be considered by the court in making its rulings. Nothing you post online is 100% private, regardless of your privacy settings. Opposing attorneys can always subpoena the records, share your dirty secrets with the court, impeach your credibility, and obtain a favorable ruling for their client – your ex-spouse.

The lasting implications of a negative court ruling can far outweigh the momentary, fleeting satisfaction of venting your frustration at the judge or your ex, or sharing “fun” photos on your Facebook profile. The bottom line is that you have to think before you post. It has often been said that you should not publish anything that you wouldn’t want your Mother to see. A similar standard should be applied for those going through a divorce. What if that comment you are about to make, or the photo you are about to post, were to fall into the hands of your ex-spouse’s lawyer? This can have far-reaching consequences, affecting your income and support obligations, or visitation and custody of your children.

To avoid the pitfalls of information sharing in the digital age, you must assume that anything and everything you post will be obtained by opposing counsel and find its way into the courtroom. Family law cases involve some of our most private matters and care should be taken to ensure you protect your own privacy. Preserve your attorney-client privilege by refraining from sharing any details of your relationship or conversations with your attorney. Avoid posting compromising photos, or making derogatory remarks on your social networking profiles.

Above all, do not post anything you wouldn’t want your ex, his or her attorney, or the judge to see. Regardless of how restrictive your privacy settings may be, this information can easily be subpoenaed and become a part of the court record. If there is any doubt, do not post. You cannot “unring that bell!”
 


Tuesday, August 4, 2015

Mandatory 10-Digit Dialing Coming September 19, 2015

South Carolina's new area code 854 will overlay the 843 area code region, including the coastal communities of Charleston, Hilton Head Island, Myrtle Beach, and Florence. This will require 10-digit dialing within the region.

  

You won't have to change your present telephone number. The new 854 area code will be assigned only for new telephone numbers within the area code region. The only change will be the way you dial local calls in the 843 area code region.

Effective September 19, 2015, all calls that are currently dialed with 7 digits will need to be dialed using 10 digits to be completed: area code 843 then 7-digit telephone number. The same dialing procedure will apply to telephone numbers assigned to the new 854 area code.

  • Local calling areas and rates will not be affected by this change.
  • Special services that use three-digit numbers, such as 911 and 411, as well as 1+ 10-digit "long distance, will not change.
  • Other three-digit numbers that are currently available in your community or from your provider, such as 211;311, 511, 611, 711 or 811, will not change.

 

Start early using 1.0-digit dialing so it will be second nature by the time it is required on September 19, 2015. Beginning October 19, 2015, new telephone lines or services may be assigned numbers with the new 854 area code.

 

What you should do to get ready for 10-digit dialing.

  • Make sure your websites, stationery, advertising materials and checks include your area code. Since your area code remains the same, there is no need to reprint if these items already contain your area code.
  • Update all stored local telephone numbers to include the area code for services such as call forwarding, call blocking and voicemail, and for equipment, such as wireless phones.
  • You may need to reprogram or upgrade equipment such as fax machines, dial-up modems, Internet connections, multi-line key or PBX systems, or any equipment with automatic dialing features.
  • Customers who have security systems, life safety systems, or monitored medical devices need to contact their vendor to determine reprogramming needs for 10-digit local dialing.

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