Womble Carlyle Sandridge & Rice, LLP

March (Appellate) Madness

It has been a few months since we updated on the O’Bannon antitrust case, where federal judge Claudia Wilken ruled last summer that the NCAA’s amateurism rules violated federal antitrust laws. But this week, as the rest of the…more

Antitrust Litigation, Antitrust Provisions, Athletes, College Athletes, NCAA

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A Peek at the Horizon: Six Questions, Six Answers

Recently, I was honored when Kevin McMurdo of McMurdo Consulting approached me to do a video interview to discuss professional sales leadership in the legal services industry. I greatly appreciate Kevin giving me a platform. I…more

Law Practice Management, Marketing, Professional Services Companies, Young Lawyers

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Fourth Circuit Rejects Broad Reading of Arbitration Ban in Dodd-Frank

In a variation on a familiar refrain, the Fourth Circuit recently upheld the enforceability of another arbitration provision under the Federal Arbitration Act (“FAA”) in Santoro v. Accenture Federal Services, LLC. This time, the…more

American Express v Italian Colors Restaurant, Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Dodd-Frank

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NC Begins Work On Patent Troll Bill

Recently, a joint legislative committee sent a report to the North Carolina General Assembly that recommended passing an anti-troll bill during the legislature’s 2014 Short Session. A copy of the bill may be found here. The…more

Extortion, Patent Infringement, Patent Trolls, Proposed Legislation

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More Changes to U.S. Patent Laws Coming From Implementation of 2012 Treaties Act

While much attention has been given to the recent, significant changes in U.S. patent law arising from the America Invents Act (“AIA”), lesser attention has been given to patent law changes brought about by further congressional…more

America Invents Act, Patent Applications, Patent Reform, Patents, PLTIA

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Removal to Federal Court Based on Diversity Jurisdiction: How Long Do You Have?

Complaints filed in state court routinely allege only damages “in excess of $10,000.” If you’re a defendant considering removal to federal court based on diversity, such an allegation doesn’t meet the $75,000 amount in…more

Car Accident, Diversity Jurisdiction, Jurisdiction, Removal, Trucking Industry

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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

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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

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What is Done is Done – and Cannot be Undone

Lady Macbeth tells her troubled husband, “What is done is done” and later says to herself “and cannot be undone.” This is the outcome in Hillcrest Property, LLP v. Pasco County, 754 F. 3d 1279 (11th Cir 2014) and apparently the…more

Building Permits, Due Process, Local Ordinance, Real Estate Development, Statute of Limitations

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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

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Safely Boarding the School Bus - we're never done.

The safety of schoolchildren has been a priority every year at the General Assembly. But several years ago former NC House Speaker Pro Tempore Dale Folwell shone a bright light on the safety of children boarding and…more

Bus Accidents, Proposed Legislation, School Safety, Students

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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

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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

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Broadcast Client Advisory: FY 2013 Regulatory Fee Proposals

Executive Summary: The FCC has issued a schedule and explanation of the annual regulatory fees it proposes to collect late this Summer for Fiscal Year 2013. It also has proposed a change in its methodology that most likely will…more

FCC, Fees, Radio Stations, Rulemaking Process, Television Broadcast Stations

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Context and Relationships among Claim Elements in Patents

A claim in a patent application or issued patent should express not only the building blocks of an invention but also the relationships among the building blocks. Understanding and expressing these relationships clearly in a…more

Claim Construction, HITECH, Patent Applications, USPTO

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O’Bannon Decision Could Open the Door to Significant Changes in Collegiate Athletics

Since Judge Claudia Wilken’s recent ruling in O’Bannon et al. v. NCAA et al., Case No. 4:09-cv-03329 (N.D.Ca.), in which the judge called the NCAA a “cartel” that restrains the college athletics market, many commentators have…more

Athletes, Class Action, College Athletes, Injunctions, Licensing Rights

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FTC Seeks to Secure First Disgorgement in Nearly a Decade

The FTC announced yesterday that Cardinal Health, Inc. (“Cardinal”) has agreed to pay $26.8 million to resolve its investigation into the company’s alleged anticompetitive behavior. If approved by a federal court, the…more

Antitrust Investigations, Corporate Counsel, Disgorgement, FTC, Pharmaceutical

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Georgia District Courts Gain Four Judges -- Three in the Northern District and One in the Middle District

In votes held last night and last Thursday, the U.S. Senate confirmed four judicial appointees for the Georgia district courts, a welcome sight for the federal bench and bar. The Northern District in particular had been in need…more

Judges, Judicial Appointments

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Court Denies Stay and Revives FCA Claims Based on "Implied Certification" Theory

In a False Claims Act lawsuit against an armored car manufacturer, Judge Kiser recently denied a motion to stay the case, pending resolution of related criminal charges, and granted a motion for reconsideration, thus reviving…more

Auto Manufacturers, Contractors, False Claims Act, Federal Contractors, Fifth Amendment

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Specialty Surfaces Alleges Patent Infringement by Deluxe Athletics

On August 21, 2014, Pennsylvania-based Specialty Surfaces International, Inc. (“SSI”) filed a complaint against Georgia-based Deluxe Athletics, LLC (“Deluxe Athletics”) alleging infringement of U.S. Patent No. 5,976,645 (the…more

Patent Infringement, Patent Litigation, Patents

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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

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How Monsanto Applies to Nonagricultural Biotechnology

The facts behind the Supreme Court’s recent ruling in Monsanto v. Bowman are simple enough. Farmers are able to buy soybeans containing Monsanto’s patented glyphosate resistance technology under a license that permits them to…more

Biotechnology, Bowman v Monsanto, Genetically Engineered Seed, Monsanto, Patent Exhaustion

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Individual Contribution Limits Increased for 2015 -2016 Election Cycle

On February 3rd, the Federal Election Commission increased the amounts that individuals and certain PACs can contribute in the 2015-16 election cycle. The most significant change is that individuals may now give $2700 per…more

Campaign Contributions, Federal Election Commission, Lobbyists, PACs, Political Contributions

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The Sixth Circuit Vindicates the Fourth and Eleventh.

The en banc Sixth Circuit reaffirmed what the Fourth and Eleventh Circuits knew all along. Ever since Cigna v.Amara, 131 S. Ct. 1866 (2011), in which the United States Supreme Court provided fresh theories (e.g.,…more

Employee Benefits, Equitable Relief, ERISA

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NC Takes a Big Leap: “Opportunity to Misappropriate” Trade Secrets Enough for a PI

In last month’s Horner v. McKoy decision, the North Carolina Court of Appeals appeared to lower the evidentiary threshold needed to obtain a preliminary injunction preventing the inevitable disclosure of trade secrets. The…more

Food Labeling, Food Manufacturers, Inevitable Disclosure Doctrine, Misappropriation, Trade Secrets

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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

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How Monsanto Applies to Nonagricultural Biotechnology

The facts behind the Supreme Court’s recent ruling in Monsanto v. Bowman are simple enough. Farmers are able to buy soybeans containing Monsanto’s patented glyphosate resistance technology under a license that permits them to…more

Biotechnology, Bowman v Monsanto, Genetically Engineered Seed, Monsanto, Patent Exhaustion

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Field Set for NC Supreme Court Races

In November, North Carolina voters will select the individuals who will hold of the majority of the seats on the Supreme Court of North Carolina until 2022. Four of the seven seats on the Supreme Court are up for grabs and…more

Political Campaigns

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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

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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

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As Intern Season Approaches, Remember That Unpaid Internships Can Be Risky

Right now, many organizations are getting ready for a new class of interns to arrive in May when schools and colleges finish for the summer. With fully laudable intentions, many organizations offer summer internships as a…more

FLSA, Hiring & Firing, Internships, Students, Unpaid Interns

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NC Supreme Court Reminds Court of Appeals That Typical Lender-Borrower Relationship is Not a Fiduciary One

The North Carolina Supreme Court recently reaffirmed that a run-of-the-mill lender and borrower are not fiduciaries, reversing the Court of Appeals decision that would have this issue to go to the jury. The case is Dallaire v…more

Bank of America, Borrowers, Fiduciary Duty, Lenders, Refinancing

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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

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Ticking time bomb in your office lease?

Benjamin Osgood, of the Tenant Advocate, brings up a good point that I've noticed becoming MUCH more of an issue lately -- restoration provisions obligating the tenant to return the space to the condition in which they received…more

Commercial Leases, Commercial Tenants, Contract Terms, Landlords

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Don’t Be Late! Business Court Closes Its Doors at 5:00 P.M. – or is it 4:00 P.M.?

Wednesday’s ruling in Carter v. Clements Walker PLLC is a cautionary tale for lawyers using the Business Court’s unique electronic filing system. Judge Gale dismissed an appeal for missing the 5:00 p.m. filing deadline by…more

Business Court Division, E-Filing, Filing Deadlines

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HB 663 - Legal Zoom tries to get a safe toehold in NC

Amending the Practice of Law - On Thursday the Senate Judiciary I committee approved a bill that amends Chapter 84-2.1 regarding the practive of law. Chairman Goolsby proposed the new language which creates a safe haven…more

Legal Zoom, Pending Legislation, Safe Harbors, Unauthorized Practice of Law, Young Lawyers

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VitaminsOnline.com Files False Advertising Action Over Competitor's Online Dietary Supplement Offerings and Claims

On May 6, 2014 VitaminsOnline, Inc., a Delaware corporation (“VOI”), filed a complaint against Dynamic Industries, LLC, a Nevada limited liability company, and Christopher Wilson, a resident of Georgia (collectively “Dynamic”),…more

Advertising, Dietary Supplements, False Advertising, FDA, Lanham Act

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Careful Measures May Be Needed to Protect Privileged Internal Investigative Materials

In March, the U.S. District Court of the District of Columbia ordered defense contractors Kellogg Brown and Root Inc. and Halliburton’s (“KBR”) legal department to produce internal investigative reports that KBR contended were…more

Confidential Information, Contractors, Corporate Counsel, Defense Contracts, False Claims Act

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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

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N.C. Court of Appeals Dismisses Municipal Takings Claim For Failing "Public Benefit" Standard

Today, the N.C. Court of Appeals affirmed the dismissal of a takings case filed by a local government. The case is Town of Matthews v. Wright, No. COA14-943 (April 21, 2015)…more

Affirmative Defenses, Appeals, Condemnation, Dismissals, Municipalities

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What Makes a Copy-Cat a Copy-Cat? The Complex Case of Architectural Copyright

When an eminent jurist asks, “What does a copyright of an architectural work truly protect?” you may be certain the question is not rhetorical. The U.S. Copyright Act does provide protection from infringement for architectural…more

Architectural Copyrights, Copyright, Copyright Infringement, The Copyright Act

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PPS Asserts Exclusive Rights To Remote Deposit System For Banks

PPS Data, LLC (“PPS”), a Nevada corporation formerly known as NetDeposit, LLC, commenced a patent infringement action against two Georgia corporations, VSoft Corporation (“VSoft”) and VServe, Inc. (“VServe”) on January 9, 2015…more

Patent Infringement, Patent Litigation, Patents

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Boyd Lighting's Steampunk Sconce Gets Stock Photo Archive Steamed

On December 16, 2014, Lived In Images, Inc. (d/b/a Hometica) sued Boyd Lighting Fixture Company for copyright infringement in the United States District Court for the Northern District of California (San Francisco Division)…more

Copyright, Copyright Infringement, Photographs

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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

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Contact


Greensboro/Winston-Salem, North Carolina Area, United States


Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Commercial Law & Contracts
  • Communications & Media Law
  • Constitutional Law
  • Construction Law
  • Education
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • Delaware
  • Georgia
  • Maryland
  • North Carolina
  • South Carolina
  • Virginia
Number of Attorneys

100+ Attorneys

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