Womble Carlyle Sandridge & Rice, PLLC

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Attorney	Latest Publications
Steve Cave	A Reduction in the Utility of Civil Investigative Demands and the Interpretive Narrowing of "Person" under the False Claims Act Executive Summary: False Claims Act actions against government contractors are on the rise. But two recent decisions offer potential limitations to false claims exposure, and may aid defendants in future FCA litigation…more CID, Eleventh Amendment, Enforcement, False Claims Act, Federal Student Aid	See All Updates »
Saxby Chaplin	North Carolina Legislature Uncovers "Hidden Liens" Executive Summary: North Carolina implements “lien agent” law for construction projects. The North Carolina General Assembly recently enacted significant changes to North Carolina's mechanics lien laws. These changes…more Land Titles, Lien Agents, Liens, Mechanics Lien, Mortgages	See All Updates »
Sarah Crotts	Healthcare Alert: Better Late than Never - The Sunshine Act Final Regulations are Finally Here!: Applicable Manufacturers “Applicable Manufacturers” - Common Ownership Considered to be Ownership by the Same Individuals or Entities of 5 Percent or More in Two Entities - In the Final Rule, CMS defines “applicable manufacturer” as an entity…more Applicable Manufacturers, CMS, Final Rules, Medicare, Reporting Requirements	See All Updates »
Meredith Francis	Be Careful What You Wish For: SEC Permits Company Disclosures Via Social Media If Regulation FD Requirements Are Met Last week, the Securities and Exchange Commission issued a report clarifying that companies can use social media channels, such as Facebook and Twitter, to disseminate material nonpublic company information under Regulation Fair…more Facebook, Investors, Netflix, Public Disclosure, Reed Hastings	See All Updates »
Jill Girardeau	A Detailed Analysis of Changes to HIPAA and the Implications for Healthcare Providers and Others in the Healthcare Industry: HIPAA Breach Notification Rule Changes to the HIPAA Breach Notification Rule - Background: The HITECH Act required Covered Entities to notify individuals, HHS, and in some cases, the media, of a Breach of Unsecured PHI. A Business Associate is required…more Business Associates, Covered Entities, Data Breach, HIPAA, HIPAA Omnibus Rule	See All Updates »
Peter Gutmann	FCC Issues New FM Translator and Low Power FM Processing Rules The FCC has finalized its rules to implement the Local Community Radio Act of 2010 (the “LCRA”), which requires balancing the competing needs of the FM Translator and Low Power FM (“LPFM”) services. Specifically, the FCC has…more FCC, LPFM	See All Updates »
Julius H. Hines	Strike Threatens Port of Charleston After the latest breakdown in labor negotiations, ports along the U.S. East and Gulf coasts, including Charleston, are threatened with a strike by the International Longshoremen’s Association (ILA). The ILA and the U.S…more Collective Bargaining, Container Royalties, Longshoremen, Ports, Strike	See All Updates »
Rebecca Jacobs	Consistent With Precedent, FCC Finds Violation of Competitive Bidding Rules Where Price Is Not Primary Factor In a newly released Order, the FCC upheld a Universal Service Administrative Company finding that a school district had violated the Commission’s competitive bidding rules by failing to weigh price as the primary factor in its…more Competitive Bidding, Contract Price, FCC, Vendors	See All Updates »
Jim Kahl	Pilfered Funds & The FCC’s Online Political Public File Rule: The Law Of Unintended Consequences In recent months, a number of media buyers have had funds stolen from their bank accounts. Even after repeatedly opening and closing accounts to stop the theft, tens of thousands of dollars have been diverted to accounts across…more Cybersecurity, Data Breach, Data Protection, FCC, Political Public File Rule	See All Updates »
Katherine Lange	Supreme Court Rules on Equitable Defenses to Reimbursement Claim by Employee Health Plan Executive Summary: Reimbursement claim brought under ERISA sec. 502(a)(3) was akin to “equitable lien by agreement,” and therefore could not be defeated by equitable defenses that contradicted plan terms…more Equitable Lien, ERISA, Make-Whole Premium, Reimbursements, SCOTUS	See All Updates »
Janet Lowder	A Cautionary Tale Under Code § 409A: Case Evidences IRS' Willingness To Seek 409A Penalties For Discount Options The United States Court of Federal Claims recently issued an opinion confirming that § 409A of the Internal Revenue Code of 1986 applies in the context of discount stock options. The case, Sutardja v. United States, is one of…more Discount Stock Options, IRS, Penalties, Section 409A, Stocks	See All Updates »
Tiffani Otey	ICANN To Provide Trademark Clearinghouse to Assist Brand Owners With Protecting Their Rights at the New gTLDS ICANN, the international agency responsible for oversight of the domain name system, is scheduled to make an unknown number of new generic Top-Level Domain Names (“New gTLDs”) available in mid-2013. The process to roll out the…more Brand, gTLD, ICANN, Trademark Clearinghouse, Trademarks	See All Updates »
Mark Palchick	Consistent With Precedent, FCC Finds Violation of Competitive Bidding Rules Where Price Is Not Primary Factor In a newly released Order, the FCC upheld a Universal Service Administrative Company finding that a school district had violated the Commission’s competitive bidding rules by failing to weigh price as the primary factor in its…more Competitive Bidding, Contract Price, FCC, Vendors	See All Updates »
Bob Rhodes	New Patent Law to Create “First to File” Rule on March 16th As we begin a new year, we wanted to bring you up to date on the most recent happenings in the patent world. I'm sure you have seen the publicity in the past year concerning changes in the patent laws, sometimes referred to as…more America Invents Act, First-to-File, Patents	See All Updates »
Gregg Skall	Pilfered Funds & The FCC’s Online Political Public File Rule: The Law Of Unintended Consequences In recent months, a number of media buyers have had funds stolen from their bank accounts. Even after repeatedly opening and closing accounts to stop the theft, tens of thousands of dollars have been diverted to accounts across…more Cybersecurity, Data Breach, Data Protection, FCC, Political Public File Rule	See All Updates »
Mitchell Tuchman	Consumers 1, Publishers 0 in Recent Supreme Court Copyright Decision Do you manufacture copyright-protected goods in the U.S. for distribution in the American market and abroad for distribution at lower cost elsewhere? The Supreme Court handed down a decision March 19 with the potential to make…more Copyright, Exports, First Sale Doctrine, Imports, Kirtsaeng v. John Wiley & Sons	See All Updates »
Willie White	SEC Finalizes NYSE and NASDAQ Rules Regarding Compensation Committee and Compensation Adviser Requirements Earlier this month, the Securities and Exchange Commission (the “SEC”) finalized rules approving the New York Stock Exchange LLC (“NYSE”) and The NASDAQ Stock Market LLC (“NASDAQ”) proposals regarding compensation committee…more Compensation Committee, Compliance, Independence Rules, Nasdaq, NYSE	See All Updates »

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