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November 16, 2021

7 Due Diligence Issues to Avoid False Claims Act Lawsuits

Nelson Mullins partners Jennifer Malinovsky and Ed White join Alice Harris, an attorney with Nexsen Pruet, to go over the key compliance areas to look for in due diligence. 

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Giles M. Schanen, Jr.

Giles M. Schanen, Jr.

Partner

Greenville ONE
2 W. Washington Street
Suite 400
Greenville, SC 29601
giles.schanen@nelsonmullins.com

Giles counsels management on various employment law issues and litigating trade secret, non–compete, discrimination, and benefits claims under state and federal law. He also represents a broad array of clients in the areas of commercial litigation and products liability.

Giles counsels management on various employment law issues and litigating trade secret, non–compete, discrimination, and benefits claims under state and federal law. He also represents a broad array of clients in the areas of commercial litigation and products liability.

Giles M. Schanen, Jr.

Giles counsels management on various employment law issues and litigating trade secret, non–compete, discrimination, and benefits claims under state and federal law. He also represents a broad array of clients in the areas of commercial litigation and products liability.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

  • Has defended companies in state and federal courts across the United States, including in South Carolina, North Carolina, Georgia, Alabama, Texas, Arizona, Missouri, New Mexico, California, Delaware, and Illinois.
  • Has advised and defended management in a wide variety of employment matters, including discrimination and retaliation under federal and state equal employment opportunity laws, workplace harassment, non–compete and trade secret violations, wage and hour issues, employee benefits, contract disputes, corporate investigations, and risk management. 
  • Has coordinated discovery and technical issues on a national basis for a leading product manufacturer in the automotive industry.
  • Has taught and published in the areas of employment law, trade secrets, electronic discovery, and litigation awareness.

Representative Cases

  • Jury trial on claims by large fiber manufacturer that former employee invented valuable fiber technology on company time, and thus the technology belonged to the company.
  • Jury trial on claims that a national restaurant chain’s activities concerning the design and development of a commercial product violated the South Carolina Trade Secrets Act.
  • Requests for injunctive relief based on alleged violations of restrictive covenants and alleged disclosure of trade secrets.
  • Claims that public and private employers violated state and federal anti–discrimination, benefits, and wage and hour laws.
  • Lawsuit alleging breach of fiduciary duty against ERISA plan administrator.
  • Claims that the alleged mismanagement of a company by directors and officers resulted in losses of more than $10,000,000.
  • Lawsuit alleging that insufficient internal safety procedures resulted in the death of an independent contractor.
  • State and federal lawsuits alleging negligence in the design and manufacture of consumer and commercial products resulting in serious injury or death.
  • State and federal lawsuits alleging that insufficient warnings by product manufacturers and distributors contributed to serious injury or death.
  • Claim that a company’s termination of a distributorship agreement violated federal RICO statute.

Previous Professional Experience

  • Intern, The Honorable John C. Few, former Circuit Judge for South Carolina's Thirteenth Judicial Circuit and current Justice, South Carolina Supreme Court

Educational Activities

  • Furman University
    • Varsity baseball team

Education

  • University of Georgia School of Law, JD, cum laude (2002)
    • Journal of Intellectual Property
  • Furman University, BA, History (1999)
    • Phi Alpha Theta

Admissions

  • South Carolina
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the District of South Carolina

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • DRI – The Voice of the Defense Bar
  • American Bar Association
  • Federal Bar Association
  • South Carolina Bar
  • South Carolina Defense Trial Attorneys' Association
  • Greenville Bar
  • Secretary, Board of Directors, American Partnership for Eosinophilic Disorders
  • Vice President, Executive Committee, Covenant United Methodist Church
  • Former Chair, Staff Parish Relations Committee and Former Chair, Finance Committee, Covenant United Methodist Church
  • Former member, Membership, Golf, and Board of Governors Nomination Committees, Thornblade Club
  • Secretary, South Carolina Defense Trial Attorneys' Association (2019–2020)
  • Member, Board of Directors, South Carolina Defense Trial Attorneys' Association (2012–2019)
  • Former Chair, Commercial and Business Litigation Substantive Law Committee, South Carolina Defense Trial Attorneys' Association (2011)
  • Chair, Nelson Mullins Greenville Office Recruiting Committee
  • Member, United States Magistrate Judge Merit Selection Panel (2011, 2014, 2016)
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