Tony Lathrop

Tony Lathrop

Moore & Van Allen PLLC

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Business Savvy: North Carolina Has Revamped its Business Court & Corporate Structure Rules

North Carolina continues to be cultivated into increasingly fertile ground in which sophisticated and complex businesses can flourish. Governor McCrory recently signed into law SL2014-102 (SB 853) (the “Act”), an act which...more

8/26/2014 - Business Court Division Complex Litigation New Legislation Reorganizations

House Judiciary Subcommittee Continued its Review of Intellectual Property Law with Hearings on Copyright Infringement Remedies,...

The House Judiciary Committee’s Subcommittee on Courts, Intellectual Property and the Internet recently held hearings targeted at further exploring intellectual property laws and policy. On July 24, the Subcommittee held...more

8/7/2014 - America Invents Act Congressional Investigations & Hearings Copyright Copyright Infringement Legislative Committees The Copyright Act USPTO

Trade Secrets Protection Act of 2014 Introduced in Bi-Partisan Effort to Protect Businesses From Cyber Security Threats

On July 29, 2014, North Carolina Congressman George Holding introduced the Trade Secrets Protection Act of 2014, H.R. 5233, which seeks to create a private federal remedy for victims of trade secret theft. Representative...more

8/5/2014 - Cyber Attacks Cybersecurity Economic Espionage Act Proposed Amendments Proposed Legislation Trade Secrets

House Subcommittee Approved TROL Act Defining Bad Faith Communications Made During Patent Assertion as Unfair or Deceptive...

The House Energy & Commerce Committee’s Subcommittee on Commerce, Manufacturing, and Trade considered and approved the Targeting Rogue and Opaque Letters Act of 2014 (“TROL Act”) with a 13-6 vote. The purpose of the TROL Act...more

7/23/2014 - Bad Faith FTC Legislative Agendas Legislative Committees Patents TROL Act Unfair or Deceptive Trade Practices

D.C. Circuit Clarified 4 Critical Factors Regarding Attorney-Client Privilege in Corporate Internal Investigations, Finding...

In a recent post, we discussed the D.C. Circuit’s consideration of the District Court’s decision in U.S. ex.rel Barko v. Halliburton Co. et al., Case No. 05-01276 (D.D.C. 2014), which provided an alarming perspective on the...more

7/17/2014 - Attorney-Client Privilege Barko v Halliburton False Claims Act Internal Investigations Kellogg Brown & Root Upjohn Warnings Work-Product Doctrine

U.S. Supreme Court Denied Petition Seeking Review of Fourth Circuit’s Interpretation of Wal-Mart v. Dukes

Last week, the U.S. Supreme Court denied Family Dollar Stores, Inc.’s petition for writ of certiorari seeking review of the Fourth Circuit’s decision in Scott, et. al. v. Family Dollar Stores, Inc., No. 12-1610 (4th Cir....more

7/14/2014 - Certiorari Class Action Discrimination Dukes v Wal-Mart Rule 23 SCOTUS Wal-Mart

Halliburton: Although Basic Stands, Companies May Thwart Certification of Securities Class Actions by Rebutting the Presumption of...

The highly anticipated U.S. Supreme Court ruling in Halliburton Co. v. Erica P. John Fund, Inc., 573 U. S. ____ (2014) (June 23, 2014) left intact the fraud-on-the-market theory established by the Supreme Court in Basic Inc....more

7/11/2014 - Basic v Levinson Class Action Class Certification Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund SCOTUS Securities Fraud

D.C. Circuit Considers Whether Complying With Federal Regulations Obviates the Attorney-Client Privilege & Work Product Doctrine...

The internal investigation is a critical tool for companies operating in the current environment of stringent regulatory oversight and government scrutiny. The attorney-client privilege and work product doctrine are sacred...more

6/19/2014 - Attorney-Client Privilege Corporate Counsel DOD Halliburton Internal Investigations Work Product Privilege Work-Product Doctrine Young Lawyers

North Carolina Abusive Patent Assertions Act (H1032) Makes Its Way Through General Assembly

The 2013 General Assembly convened its 2014 Regular Session on Wednesday, May 14, 2014 with the introduction of House Bill 1032 The Abusive Patent Assertions Act by primary sponsor Representative Tom Murry (Rep). The Bill...more

6/5/2014 - Bad Faith Legislative Agendas New Legislation Patent Infringement Patent Litigation Patent Trolls Patents

Failed Attempts to Enforce Employee Non-Compete and Confidentiality Agreements: On Employees of Acquired Companies in North...

Non-competition and confidentiality agreements can serve as invaluable tools to safeguard against the loss of confidential and proprietary information through current and former employees. However, recent state and federal...more

5/6/2014 - Confidentiality Agreements Corporate Counsel Enforcement NLRA NLRB Non-Compete Agreements Restrictive Covenants

House Judiciary Committee Hearing on DOJ Oversight

The House Judiciary Committee recently held a hearing regarding oversight of the U.S. Department of Justice during which Attorney General Eric Holder testified....more

4/29/2014 - DOJ Oversight Committee

U.S. House Committee Holds Hearing on Abusive Patent Demand Letters

On April 8, 2014, the U.S. House Committee on Energy & Commerce, Subcommittee on Commerce, Manufacturing, and Trade held a hearing “Trolling for a Solution: Ending Abusive Patent Demand Letters.” The purpose of the hearing...more

4/28/2014 - Abuse of Process Patent Litigation Patent Trolls Patents

Securities Class Actions at the Supreme Court: Halliburton and the Fraud-on-the-Market Theory

Over the last few years, securities class actions have given rise to several critical questions ripe for U.S. Supreme Court review, including whether the foundation of the fraud-on-the-market theory established more than...more

4/21/2014 - Class Action Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund SCOTUS Securities Fraud

House Judiciary Committee Copyright Hearing

House Judiciary Committee Copyright Hearing: On April 2, 2014, the House Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet held a hearing “Preservation and Reuse of Copyrighted Works.” ...more

4/16/2014 - Copyright Legislative Agendas

USPTO March 2014 Update to Guidance & Training for Evaluating Utility Patent Subject Matter Eligibility for Claims involving...

In response to recent U.S. Supreme Court decisions addressing utility patent subject matter eligibility under 35 U.S.C. § 101, the U.S. Patent & Trademark Office issued new guidance and training materials for patent examiners...more

4/3/2014 - Patent Litigation Patents SCOTUS USPTO

Class Arbitration Waivers Validated by the Eleventh Circuit in FLSA Actions

The Eleventh Circuit in Walthour v. Chipio Windshield Repair, LLC, No. 13-11309 (11th Cir. March 21, 2014) recently joined the Second, Fourth, Fifth, and Eighth Circuits in upholding class arbitration waivers in a Fair Labor...more

4/1/2014 - Arbitration Class Action Arbitration Waivers Employer Liability Issues FLSA

What if the Agreed Upon Arbitrator No Longer Conducts Arbitrations? The North Carolina Court of Appeals Answers in Torrence

Defining the power of arbitration agreements has been a hot topic at the federal and state levels for the past couple of years. In a recent post, we discussed two North Carolina Court of Appeals decisions that validated the...more

3/12/2014 - American Express v Italian Colors Restaurant Arbitration Arbitrators AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers SCOTUS

U.S. Supreme Court Will Not Address Certification Issues Raised by Whirlpool & Related Washing Machine Class Actions

On February 24, 2014, the U.S. Supreme Court denied certiorari in three “moldy” washing machine class actions, which presented questions regarding Fed. R. Civ. P. 23’s commonality and predominance requirements as clarified by...more

3/6/2014 - Class Action Class Certification Comcast Comcast v. Behrend Commonality Dukes v Wal-Mart Mold Litigation Predominance Requirement SCOTUS Wal-Mart Whirlpool

Concepcion and Amex Head South: In North Carolina Your Class Arbitration Waiver May Now Be Enforced Despite the State’s 2008...

The North Carolina Court of Appeals recently declared the enforceability of class arbitration waivers despite the North Carolina Supreme Court’s previous decision in Tillman v. Commercial Credit Loans, Inc., 362 N.C. 93, 655...more

3/4/2014 - Arbitration AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers

Redefining the Power of Arbitration in Unfair Labor Practice Cases: NLRB Solicited Briefs on the Issue

In line with recent efforts in the courts to define the scope of power of the arbitral forum, the National Labor Relations Board (NLRB) recently took on the issue of whether to modify the standard it applies to determine...more

2/19/2014 - Arbitration Arbitration Agreements Compliance NLRA NLRB Unfair Labor Practices

February 15th Deadline to Comment on Proposed Amendments to Federal Rules of Civil Procedure

In August 2013, the Advisory Committee on Civil Rules published proposed amendments to the Fed. R. Civ. P. which address the challenges of managing the scope of discovery in the digital age and the attendant consequences for...more

2/19/2014 - Deadlines Federal Rules of Civil Procedure Proposed Amendments

Foreign Companies Dragged into U.S. Courts Get Reprieve as U.S. Supreme Court Clarifies Limits on General Jurisdiction

In Daimler AG v. Bauman, 571 U. S. ____ (Jan. 14, 2014), the U.S. Supreme Court reiterated that general or “all-purpose” jurisdiction can be exercised over foreign corporations only “when their affilia­tions with the State...more

2/19/2014 - DaimlerChrysler DaimlerChrysler v Bauman Foreign Corporations Jurisdiction SCOTUS

House Judiciary Subcommittee Considers Copyright Fair Use

In a continuation of the House Judiciary Committee’s extensive review of U.S. Copyright law, the Subcommittee on Courts, IP, and the Internet held “The Scope of Fair Use” hearing on January 28, 2014. ...more

2/19/2014 - Copyright Fair Use

The Burden is on You: A Defendant Patent Holder Still Bears the Burden of Proving Infringement in a Declaratory Judgment Action...

For nearly 150 years, it has been established that a patent holder (“patentee”) ordinarily bears the burden of proving infringement. The U.S. Supreme Court’s recent decision in Medtronic v. Mirowski Family Ventures, LLC, 571...more

2/10/2014 - Burden of Proof Declaratory Judgments Medtronic v Boston Scientific Medtronics Patent Infringement Patent Litigation Patents SCOTUS

D.R. Horton Still Alive: NLRB Judge Says Employer’s Intent to Compel Employees to Waive Class Claims Renders Arbitration Clause...

Although the Circuit Courts of Appeals that have addressed the issue currently stand united in the view that class arbitration waivers in individual employment contracts do not violate the National Labor Relations Act...more

1/28/2014 - Arbitration Arbitration Agreements D.R. Horton D.R. Horton v NLRB Employment Contract Federal Arbitration Act Mandatory Arbitration Clauses NLRA NLRB

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