Womble Carlyle Sandridge & Rice, LLP

Delaware General Corporation Law Amendments

On June 24, 2015, Delaware Governor Jack Markell approved several important amendments to the Delaware General Corporation Law (the “DGCL”),[1] with such amendments generally becoming effective on August 1, 2015. These…more

Amended Legislation, Attorney's Fees, Board of Directors, Breach of Duty, Bylaws

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FTC Issues Guidance on Scope of "Unfair Competition" Under Section 5 of FTC Act

In a short statement issued yesterday, the FTC issued guidance regarding how it will interpret Section 5 of the FTC Act. Section 5 is a little-used antitrust statute for which the FTC has issued no guidance in the Act’s 100-year…more

FTC, FTC Act, New Guidance, Policy Statement, Section 5

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“Waters of the U.S.” Rule Still Subject to Nationwide Stay, For Now

Would you consider this a “Water of the United States” subject to the Clean Water Act? Well think again, because under a new rule, even a dry streambed or channel could be considered a “Water of the U.S.” and thus subject…more

Clean Water Act, Clean Water Rule, EPA, Federal Jurisdiction, Order to Stay

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IRS Issues New Guidance for Smaller Reporting Companies on CFO Compensation

In a recently released Chief Counsel Advice memorandum, the Internal Revenue Service (“IRS”) informally revised its guidance regarding which officers of “smaller reporting companies” (“SRCs”) should be considered “covered…more

CFOs, Covered Employee, Executive Compensation, IRS, SEC

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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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Georgia Supreme Court Interprets the Apportionment Statute in Conjunction with the Workers' Compensation Act

This month, the Georgia Supreme Court further extended the reach of the Georgia law addressing the apportionment of liability in tort cases in the case of Walker, et al. v. Tensor Machinery, et al. The Court had recently decided…more

Apportionment, GA Supreme Court, Non-Parties, Subrogation, Workers Compensation Act

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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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SEC Expected to Begin Settlement Actions With Issuers Under MCDC Initiative

In March 2014, the Securities and Exchange Commission (the “SEC”) initiated the Municipalities Continuing Disclosure Cooperation Initiative (“MCDC Initiative”) to provide issuers (including obligated persons) and underwriters…more

MCDC, Municipal Securities Issuers, SEC, Self-Reporting, Underwriting

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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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ERISA Preemption: Don't Tread on my Uniform System of Plan Administration

On March 1 the U.S. Supreme Court again reinforced the broad preemptive scope of the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. §1001. In Gobeille v. Liberty Mutual Insurance Co., 136 S. Ct. 936, the court held…more

Data Collection, Employee Benefits, Employer Group Health Plans, ERISA, Gobeille v Liberty Mutual Insurance Com.

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FCC Nixes Mortgage Bankers' Petition on Autodialed Calls to Wireless Numbers

The FCC’s Consumer and Governmental Affairs Bureau recently denied a petition from the Mortgage Bankers Association for an exemption from the prior express consent requirement for autodialed calls and texts to wireless numbers…more

Auto-Dialed Calls, FCC, Mobile Devices, Mortgage Lenders, Prior Express Consent

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SEC Adopts CEO Pay Ratio Rule

Last week, the Securities and Exchange Commission (“SEC”), by a 3-2 vote, adopted the final CEO pay ratio rule, which was initially proposed by the SEC in September 2013, and originally mandated by Congress under Section 953(b)…more

CEOs, Disclosure Requirements, Dodd-Frank, Executive Compensation, Final Rules

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Is PPACA on the Road to Recovery?

Part I: Is PPACA on the Road to Recovery? The recent decision in King v. Burwell by the Supreme Court of the United States sent a strong message to critics of the Patient Protection and Affordable Care Act of 2010…more

Affordable Care Act, Burwell v Hobby Lobby, Commerce Clause, Contraceptive Coverage Mandate, Health Care Providers

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Next Steps: Helping Your Organization Implement the New Medicare Overpayment Rule - Part II

On February 12, 2016, the Centers for Medicare & Medicaid Services (“CMS”) published a final rule that explains the requirements for providers and suppliers reporting and returning overpayments under Medicare Parts A & B (the…more

60-Day Rule, Audits, CMS, Final Rules, Health Care Providers

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New Rule Governing Retirement Advice Shakes Up Traditional Broker Compensation

On April 6, 2016, the U.S. Department of Labor released its long-awaited and controversial fiduciary rule expanding the definition of who is a fiduciary when providing investment advice on retirement accounts. The rule aims to…more

Best Interest Contract Exemptions, Best Interest Standard, Broker Commissions, Brokers, Conflicts of Interest

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FCC adopts proposed $21,691,499 fine of Network Services Solutions for violations of the USF Rural Health Care Program

In the first major FCC enforcement proceeding involving its Rural Health Care Program, the FCC on November 4, 2016 adopted an NAL for nearly $22 Million against telecommunications reseller Network Services Solutions, which…more

Enforcement Actions, FCC, Rural Health Care Program, Telecommunications, Unfair or Deceptive Trade Practices

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California Adopts New "Clear and Reasonable Warning Requirements" for Proposition 65

If you're modifying packaging or introducing a new product, it may be a good time to update your Proposition 65 warnings. On August 30, 2016, California’s Office of Administrative Law approved the adoption of amendments to…more

Manufacturers, OEHHA, Proposition 65, Safe Harbors, Toxic Chemicals

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FDA Gives Food Industry Three Years to Phase Out Partially Hydrogenated Oils from Food Products

On June 16, 2015, the Food and Drug Administration ("FDA") issued a declaratory order, requiring a phasing out of the use of partially hydrogenated oils ("PHOs"). In its order, the FDA stated that partially hydrogenated oils are…more

FDA, FFDCA, Food Manufacturers, GRAS, New Guidance

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NC Supreme Court Reaffirms Strict Blue Pencil Doctrine for Restrictive Covenants

The North Carolina Supreme Court recently reaffirmed that the power of North Carolina courts to “blue pencil” restrictive covenants is extremely limited, even when an agreement purports to give a court express authority to…more

Blue Pencil Contract Modification, NC Supreme Court, Non-Compete Agreements, Restrictive Covenants, Reversal

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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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Class Action Arbitration after Dell Webb

Agreeing to arbitrate disputes, in lieu of traditional litigation, is not a new phenomenon. As consumers, we all contractually agree to arbitrate disputes on an almost daily basis. While not everyone may read the entire contact,…more

Appeals, Arbitration, Arbitration Agreements, Class Action, Commerce Clause

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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 (FCA), 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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Smarter Devices = More Vulnerability to Government and Criminals

The Internet of Things is upon us with smartphones, smart cars, and self-sensing trash cans. The next decade will see a geometric expansion of the types of objects we fit with sensors and connect to the Web. As these objects…more

Cybersecurity, Internet of Things, National Security, Smart Devices, Surveillance

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Use of Modifier 25 - 2017 Medicare Physician Fee Schedule Proposed Rule

The Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) have reviewed the use of Modifier 25 to unbundle payments for evaluation and management (E/M) services when a procedure is performed…more

Billing, CMS, Coding, Health Care Providers, Medicare

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Director and Executive Compensation Remains a Hot Topic for 2016

A series of recent Delaware Chancery Court and Securities and Exchange Commission (“SEC”) decisions—coupled with anticipated SEC action to finalize the three remaining Dodd-Frank Wall Street Reform and Consumer Protection Act…more

Board of Directors, Clawbacks, Corporate Counsel, Corporate Governance, Director Compensation

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Eleventh Circuit Examines “Debt Collector” Under the FDCPA

For those tracking Fair Debt Collection Practices Act (“FDCPA”) litigation for financial institutions and loan servicers, an opinion recently issued by the Eleventh Circuit Court of Appeals provides new insight on the definition…more

Banking Sector, Capital One, Debt Collection, Debt Collectors, Default

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Politics and Impartiality = Oil and Water

Sometimes, the simplest, local example teaches the deepest, global lesson – politics and impartiality do not mix. Under the blanketing fog of politics and internet delivered news, it’s easy to become confused and actually…more

Impartiality, Land Use Restrictions, Zoning Laws

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DOJ Provides Focused “Guidance” on Prosecuting Corporate Individuals

After receiving significant criticism on the Department of Justice’s failure to prosecute corporate executives involved in the financial crisis in 2008, Sally Yates, the Deputy Attorney General issued a seven page memo…more

C-Suite Executives, Cooperation, Corporate Fraud, Corporate Veil, DOJ

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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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Supreme Court Addresses Design Patent Damages for First Time in 120 Years: New Era of Design Patent Damages Dawn

On December 6, 2016, the United States Supreme Court threw out a $399 million damages award against Samsung for infringing three design patents, opening the door on a new era in design patent infringement damages and the value…more

Apple v Samsung, Calculation of Damages, Design Patent, Patent Infringement, Popular

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Class Action Arbitration after Dell Webb

Agreeing to arbitrate disputes, in lieu of traditional litigation, is not a new phenomenon. As consumers, we all contractually agree to arbitrate disputes on an almost daily basis. While not everyone may read the entire contact,…more

Appeals, Arbitration, Arbitration Agreements, Class Action, Commerce Clause

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“Waters of the U.S.” Rule Still Subject to Nationwide Stay, For Now

Would you consider this a “Water of the United States” subject to the Clean Water Act? Well think again, because under a new rule, even a dry streambed or channel could be considered a “Water of the U.S.” and thus subject…more

Clean Water Act, Clean Water Rule, EPA, Federal Jurisdiction, Order to Stay

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Be Reasonable: Qualified Immunity, After-Discovered Facts, and the Case of Hernandez v. Mesa

In some form or fashion, law students learn that the words “reasonable man” denote a person exercising those qualities of attention, knowledge, intelligence and judgment which society requires of its members for the protection…more

Abuse of Power, Border Security, Excessive Force, Fifth Amendment, Fourth Amendment

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NHL Scores Big on Attorneys' Fees Against Nondebtors

Last fall, the National Hockey League (NHL) enjoyed a big off-ice victory when the U.S. District Court for the District of Arizona found that it was entitled to recover from Jerry and Vickie Moyes and the Jerry and Vickie Moyes…more

Attorney's Fees, Bankruptcy Code, Commercial Bankruptcy, Consent Agreements, NHL

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Bumpy Road to Start the Legislative Session

Jones Street is like a gravel road right now – BUMPY! Just a month ago, in a rare move, the General Assembly called itself into session for one day to enact House Bill 2 which is now referred to as the “Bathroom Bill”. The new…more

Infrastructure, Legislative Agendas, Restroom Legislation, State Budgets, Tax Reform

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Companies Should Revisit Severance and Other Agreements as the SEC Steps Up Enforcement Actions to Protect Whistleblower Rights

In less than one week, the Securities and Exchange Commission (“SEC”) announced enforcement actions against two companies that had required their departing employees to waive their rights to any monetary recovery under the SEC’s…more

BlueLinx Holdings, Dodd-Frank, Employer Liability Issues, Enforcement Actions, KBR (formerly Kellogg Brown & Root)

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NCUA to Consider Supplemental Capital

At the NCUA’s October board meeting, senior staff of the NCUA submitted a briefing report (the “Report”) to the NCUA Board (the “Board”) on the issues concerning the use of supplemental capital by federally insured credit unions…more

Advanced Notice of Proposed Rulemaking (ANPRM), Capital Requirements, Credit Unions, Financial Institutions, Financial Sector

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Sounding the Alarm on Code Compliance Costs

Most multifamily owners are familiar with reserve requirements for items such as fire alarms and alarm replacement. Yet those owners may be surprised to learn that complying with the latest fire code changes can jeopardize…more

Building Codes, Fires, Multi-Family Development, Reassessments, Safety Standards

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High Point Bank v. Highmark and Guarantor Liability in North Carolina

When a borrower’s default results in a foreclosure sale and purchase of the secured property by the mortgagee lender, can a guarantor’s deficiency liability be reduced by the difference between the property’s fair market value…more

Borrowers, Default, Deficiency Judgments, Fair Market Value, Foreclosure

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FTC Provides Nonbinding Materials to Help Businesses Defend Against and Respond to Data Breaches

On October 25, 2016, the Federal Trade Commission (FTC) released its nonbinding “Data Breach Response” guide with an accompanying blog post and video, all directed to help businesses prepare a data breach response plan. The FTC…more

Best Practices, Breach Notification Rule, Data Breach, FTC, HIPAA

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Next Steps: Helping Your Organization Implement the New Medicare Overpayment Rule - Part II

On February 12, 2016, the Centers for Medicare & Medicaid Services (“CMS”) published a final rule that explains the requirements for providers and suppliers reporting and returning overpayments under Medicare Parts A & B (the…more

60-Day Rule, Audits, CMS, Final Rules, Health Care Providers

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Middle Market Focus: Driving Boards Forward, a Conversation with Jason Pappas of Antson Capital Partners

Previously published in Balitmore City Biz List. Perhaps the greatest challenge facing corporate boards and management teams is how to align around and execute on a shared vision. Jason Pappas, Managing Partner of Antson…more

Board Meetings, Board of Directors, CEOs, Middle Market, Strategic Planning

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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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NCUA to Consider Supplemental Capital

At the NCUA’s October board meeting, senior staff of the NCUA submitted a briefing report (the “Report”) to the NCUA Board (the “Board”) on the issues concerning the use of supplemental capital by federally insured credit unions…more

Advanced Notice of Proposed Rulemaking (ANPRM), Capital Requirements, Credit Unions, Financial Institutions, Financial Sector

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The Song Remains the Same

The U.S. Department of Justice recently announced that there would be no modifications to the 1941 ASCAP and BMI antitrust consent decrees. The main thrust of the DOJ decision was a confirmation that each consent decree requires…more

ASCAP, BMI, Consent Decrees, Copyright Infringement, Digital Media

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A Response to Rejections Under 35 USC §101

Here is an argument we are using in response to rejections under 35 USC §101 that allege the claims are directed to an abstract idea and are patent ineligible. This is useful in Office action responses, and appeals. The…more

Office Actions, Patent Prosecution, Patent-Eligible Subject Matter, Section 101, USPTO

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Is Your HIPAA Compliance Program Ready for the FTC?

Everyone in healthcare knows that the next round of HIPAA audits is coming. Covered entities and business associates have long been advised to review and update their HIPAA security risk analyses, have business associate…more

Audits, Business Associates, Compliance, Covered Entities, Data Privacy

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2016 FCC Regulatory Fees Due By September 27, 2016

The FCC has announced a deadline of 11:59 PM on September 27 for receipt of its Fiscal Year 2016 annual regulatory fees. Fees are owed on all authorizations held as of October 1, 2015 but must be paid by the current holder…more

Annual Regulatory Fees, FCC, Telecommunications

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Beneficial Ownership Reporting and the Brokaw Act

Recently, Senators Tammy Baldwin (D-WI) and Jeff Merkley (D-OR) introduced legislation that, if enacted into law and implemented accordingly, would dramatically change the course of beneficial ownership reporting for purposes of…more

Activist Hedge Funds, Beneficial Owner, Proposed Legislation, Reporting Requirements, Schedule 13D

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Rapid Patent Application Claims Drafting Technique

Here is a technique for rapidly drafting claims, for a patent application. This is a brainstorming mechanism that works for one person, or two, or more, and uses a free-form drawing or diagram to both gather words and prompt…more

Claim Construction, Legal Writing, Patent Applications

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D.C. Circuit Limits Government's Ability to Collect on Personal Debt by Garnishing Assets of Closely Held Corporation, Reverses $2.1 Million Judgment Against Womble Carlyle Client

On July 8, 2016, the D.C. Circuit clarified the limits of the Federal Debt Collection Procedures Act (FDCPA). The Court held under D.C. and federal law that the government cannot satisfy a judgment against a co-owner and…more

Appeals, Business Assets, Closely Held Businesses, Debt Collection, FDCPA

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North Carolina Supreme Court Gives Easement Holders 20 Years to Challenge Encroachments

On August 19, 2016, the North Carolina Supreme Court issued a decision that will benefit all companies that own easements. Patrolling easements and clearing them of vegetation and structures can be very costly, but the Supreme…more

Duke Energy, Easements, Encroachments, NC Supreme Court, Statute of Limitations

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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 Industry

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Be Reasonable: Qualified Immunity, After-Discovered Facts, and the Case of Hernandez v. Mesa

In some form or fashion, law students learn that the words “reasonable man” denote a person exercising those qualities of attention, knowledge, intelligence and judgment which society requires of its members for the protection…more

Abuse of Power, Border Security, Excessive Force, Fifth Amendment, Fourth Amendment

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USPTO to Implement Significant Rule Changes for AIA Trial Proceedings Impacting Both Petitioners and Patent Owners

The United States Patent and Trademark Office (USPTO) has released the final set of the latest round of changes to the rules governing inter partes review, post grant review, and other AIA trial proceedings before the Patent…more

America Invents Act, Broadest Reasonable Interpretation Standard, Claim Construction, Corporate Counsel, Covered Business Method Proceedings

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Brexit and Supplemental Protection Certificates: Hope for the Best but Plan for the Worst

On June 23, 2016, the United Kingdom voted through a national referendum to exit the European Union after more than 40 years of membership. One of the key arguments in favor of the so-called “Brexit” was to return full…more

EU, European Patent Office, Intellectual Property Protection, Popular, UK

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“Gimme a C!” (for Copyright): Supreme Court to Weigh Cheerleader Apparel Copyright Case

Are cheerleading outfits functional “useful items” that normally are ineligible for copyright protection? Or do they contain distinct design elements that allow for copyright ownership? …more

Cheerleaders, Copyright, Oral Argument, SCOTUS, Star Athletica v Varsity Brands

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Employee Sports Gambling: Workplace Policies and Guidance For In-House Counsel

Sports fans have long looked for ways to be a part of the action. The co-owner of the Oakland Raiders developed a fantasy golf game back in the 1950s. In the 1980s, journalist Daniel Okrent created “Rotisserie” League Baseball,…more

Best Management Practices, Employment Policies, Fantasy Sports, Interstate Wire Act, RICO

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D.C. Circuit Limits Government's Ability to Collect on Personal Debt by Garnishing Assets of Closely Held Corporation, Reverses $2.1 Million Judgment Against Womble Carlyle Client

On July 8, 2016, the D.C. Circuit clarified the limits of the Federal Debt Collection Procedures Act (FDCPA). The Court held under D.C. and federal law that the government cannot satisfy a judgment against a co-owner and…more

Appeals, Business Assets, Closely Held Businesses, Debt Collection, FDCPA

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Design Patents and Trade Dress

I often get asked by clients to discuss the differences between design patents and trade dress. Both are intellectual property protections that protect similar aspects of a product—the appearance and aesthetic features. Last…more

Apple v Samsung, Certiorari, Damages, Design Patent, Functionality

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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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Brexit and Supplemental Protection Certificates: Hope for the Best but Plan for the Worst

On June 23, 2016, the United Kingdom voted through a national referendum to exit the European Union after more than 40 years of membership. One of the key arguments in favor of the so-called “Brexit” was to return full…more

EU, European Patent Office, Intellectual Property Protection, Popular, UK

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“Waters of the U.S.” Rule Still Subject to Nationwide Stay, For Now

Would you consider this a “Water of the United States” subject to the Clean Water Act? Well think again, because under a new rule, even a dry streambed or channel could be considered a “Water of the U.S.” and thus subject…more

Clean Water Act, Clean Water Rule, EPA, Federal Jurisdiction, Order to Stay

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FCC Nixes Mortgage Bankers' Petition on Autodialed Calls to Wireless Numbers

The FCC’s Consumer and Governmental Affairs Bureau recently denied a petition from the Mortgage Bankers Association for an exemption from the prior express consent requirement for autodialed calls and texts to wireless numbers…more

Auto-Dialed Calls, FCC, Mobile Devices, Mortgage Lenders, Prior Express Consent

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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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United States Supreme Court Holds that Order Denying Plan Confirmation Is Not Immediately Appealable

On May 4, 2015, the Supreme Court for the United States unanimously held that an order denying confirmation of a plan is not a “final” order subject to immediate appeal as a matter of right. Although the Bullard decision…more

Appeals, Bankruptcy Code, Bankruptcy Court, Bankruptcy Plans, Bullard v Blue Hills Bank

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Michigan State Data Breach and the Value of Preparedness

Michigan State University’s announcement earlier this month that hackers had gained access to a school database of about 400,000 records highlights why colleges and universities are such tempting targets for hackers and just how…more

Data Breach, Educational Institutions, Incident Response Plans, Ransomware, Student Records

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DC Circuit Court Rejects Challenge to SEC Pay-to-Play Rule

The DC Circuit Court has rejected an effort by the New York and Tennessee Republican Parties to set aside Securities and Exchange Commission Rule 206(4)-5. The 2010 SEC rule prohibits investment advisers from providing services…more

Administrative Procedure Act, Compliance, Financial Institutions, First Amendment, Government Officials

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The Partial Lifting of Iranian Sanctions – Not Quite Business As Usual

Implementation Day under the Joint Comprehensive Plan of Action signed by the P5+1 (United States, United Kingdom, France, Russia, China and Germany), the European Union, and Iran (“JCPOA”) came on January 16, 2016 and certain…more

Implementation Day, International Atomic Energy Agency, Iran, Iran Sanctions, Joint Comprehensive Plan of Action (JCPOA)

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Top 10 Points of Guidance for Employers on the Zika Virus Outbreak

The Zika virus has been around for nearly 70 years, but an outbreak earlier this year has put the disease squarely on the public’s radar. In fact, on February 1, 2016, the World Health Organization declared Zika and the spread…more

ADA, CDC, FMLA, OSHA, Title VII

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Supreme Court Rules Landowners Can Challenge Jurisdictional Determinations

On May 31, 2016, in a unanimous ruling, the U.S. Supreme Court held in USACE v. Hawkes Co. that approved jurisdictional determinations (“JD”) are final actions which can be reviewed by the courts. Under the Clean Water Act a…more

Administrative Procedure Act, Clean Water Act, Hawkes Co v United States Army Corps of Engineers, Judicial Review, Jurisdictional Determination (JD)

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New Rule Governing Retirement Advice Shakes Up Traditional Broker Compensation

On April 6, 2016, the U.S. Department of Labor released its long-awaited and controversial fiduciary rule expanding the definition of who is a fiduciary when providing investment advice on retirement accounts. The rule aims to…more

Best Interest Contract Exemptions, Best Interest Standard, Broker Commissions, Brokers, Conflicts of Interest

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Once Again, the Supreme Court Upsets Precedent in Fourth and Eleventh Circuit

As we reported in our March 11, 2014 article, the Eleventh and Fourth Circuit Court of Appeals definitively rejected the “continuing breach” theory in recent disputes involving statute of limitations deadlines in ERISA cases…more

401k, Appeals, Benefit Plan Sponsors, Breach of Duty, 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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High Point Bank v. Highmark and Guarantor Liability in North Carolina

When a borrower’s default results in a foreclosure sale and purchase of the secured property by the mortgagee lender, can a guarantor’s deficiency liability be reduced by the difference between the property’s fair market value…more

Borrowers, Default, Deficiency Judgments, Fair Market Value, Foreclosure

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Radical New Partnership Audit Rules

Last week, President Obama signed H.R. 1314, the Bipartisan Budget Act of 2015 (the “Legislation”), which dramatically changes the manner in which partnerships (and LLC’s taxed as partnerships) are audited and taxed by the IRS…more

Audits, Bipartisan Budget, IRS, Partnership Agreements, Partnerships

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SEC Expected to Begin Settlement Actions With Issuers Under MCDC Initiative

In March 2014, the Securities and Exchange Commission (the “SEC”) initiated the Municipalities Continuing Disclosure Cooperation Initiative (“MCDC Initiative”) to provide issuers (including obligated persons) and underwriters…more

MCDC, Municipal Securities Issuers, SEC, Self-Reporting, Underwriting

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SEC Proposes New Clawback Rules

Last Wednesday, the Securities and Exchange Commission (SEC) proposed new Rule 10D-1 to require public companies to adopt and enforce clawback policies to recoup incentive-based compensation paid to current and former executive…more

Board of Directors, Clawbacks, Comment Period, Compliance, Corporate Officers

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Filing and Litigating a Hague Convention Child Abduction Civil Case in Federal Court

Background on Child Abduction Cases Under the Hague Convention - The Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”) is an international treaty in which the signatory countries…more

Child Abduction, Child Custody, Hague Convention, Pro Bono, US Department of State

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"Private" E-mails and FOIA

Recent legal decisions continue to blur the line between private communications and public records, extending the reach of the Freedom of Information Act (FOIA). Because of these shifts, proactive government officials are…more

Email, FOIA, Public Disclosure, Public Employees, Public Records

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Beneficial Ownership Reporting and the Brokaw Act

Recently, Senators Tammy Baldwin (D-WI) and Jeff Merkley (D-OR) introduced legislation that, if enacted into law and implemented accordingly, would dramatically change the course of beneficial ownership reporting for purposes of…more

Activist Hedge Funds, Beneficial Owner, Proposed Legislation, Reporting Requirements, Schedule 13D

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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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U.S. Department of Labor Issues Final Rule Regarding Overtime and "White Collar" Employees

On Wednesday, May 18, 2016, the United States Department of Labor (DOL) issued the final version of revised regulations relating to so-called “white collar” exemptions from overtime pay requirements. The Final Rule…more

DOL, Final Rules, FLSA, Minimum Salary, Over-Time

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North Carolina Supreme Court Gives Easement Holders 20 Years to Challenge Encroachments

On August 19, 2016, the North Carolina Supreme Court issued a decision that will benefit all companies that own easements. Patrolling easements and clearing them of vegetation and structures can be very costly, but the Supreme…more

Duke Energy, Easements, Encroachments, NC Supreme Court, Statute of Limitations

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Next Steps: Helping Your Organization Implement the New Medicare Overpayment Rule - Part II

On February 12, 2016, the Centers for Medicare & Medicaid Services (“CMS”) published a final rule that explains the requirements for providers and suppliers reporting and returning overpayments under Medicare Parts A & B (the…more

60-Day Rule, Audits, CMS, Final Rules, Health Care Providers

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SEC Expected to Begin Settlement Actions With Issuers Under MCDC Initiative

In March 2014, the Securities and Exchange Commission (the “SEC”) initiated the Municipalities Continuing Disclosure Cooperation Initiative (“MCDC Initiative”) to provide issuers (including obligated persons) and underwriters…more

MCDC, Municipal Securities Issuers, SEC, Self-Reporting, Underwriting

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Spoken in Your Office, Read in the Courtroom: What Corporate Officers and Trustees Need to Know About the Waiver of the Attorney-Client Privilege in Bankruptcy

The corporate bankruptcy process, where the roles of various stakeholders and parties in interest can change drastically throughout the case, presents unique challenges for the application of the attorney-client privilege. One…more

Attorney-Client Privilege, Commercial Bankruptcy

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"Private" E-mails and FOIA

Recent legal decisions continue to blur the line between private communications and public records, extending the reach of the Freedom of Information Act (FOIA). Because of these shifts, proactive government officials are…more

Email, FOIA, Public Disclosure, Public Employees, Public Records

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Supreme Court Addresses Design Patent Damages for First Time in 120 Years: New Era of Design Patent Damages Dawn

On December 6, 2016, the United States Supreme Court threw out a $399 million damages award against Samsung for infringing three design patents, opening the door on a new era in design patent infringement damages and the value…more

Apple v Samsung, Calculation of Damages, Design Patent, Patent Infringement, Popular

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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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Social Media Policy Checklist

A social media policy or a set of guidelines helps your employees make smarter decisions when marketing your brand, products and services online and may mitigate the risk of coming under the radar of the FTC or another…more

FTC, Human Resources Professionals, Marketing, Popular, Risk Management

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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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Sixth Circuit Says FCC Can't Preempt State Limits on Muncipal Broadband

In an August 10, 2016 ruling, the Sixth Circuit Court of Appeals reversed the FCC’s preemption of state laws in Tennessee and North Carolina which prevented municipal broadband providers from expanding their networks beyond…more

Appeals, Broadband, Competition, FCC, Municipalities

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NHL Scores Big on Attorneys' Fees Against Nondebtors

Last fall, the National Hockey League (NHL) enjoyed a big off-ice victory when the U.S. District Court for the District of Arizona found that it was entitled to recover from Jerry and Vickie Moyes and the Jerry and Vickie Moyes…more

Attorney's Fees, Bankruptcy Code, Commercial Bankruptcy, Consent Agreements, NHL

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EPA Issues Final Rule on Formaldehyde Emission Standards for Composite Wood Products

On Wednesday, July 27, 2016, the Environmental Protection Agency (“EPA”) released a prepublication version of its final rule on Formaldehyde Emission Standards for Composite Wood Products. The authority for the rule comes from…more

CARB, Distributors, EPA, Final Rules, Importers

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"Private" E-mails and FOIA

Recent legal decisions continue to blur the line between private communications and public records, extending the reach of the Freedom of Information Act (FOIA). Because of these shifts, proactive government officials are…more

Email, FOIA, Public Disclosure, Public Employees, Public Records

See All Updates »

ERISA Preemption: Don't Tread on my Uniform System of Plan Administration

On March 1 the U.S. Supreme Court again reinforced the broad preemptive scope of the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. §1001. In Gobeille v. Liberty Mutual Insurance Co., 136 S. Ct. 936, the court held…more

Data Collection, Employee Benefits, Employer Group Health Plans, ERISA, Gobeille v Liberty Mutual Insurance Com.

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Radical New Partnership Audit Rules

Last week, President Obama signed H.R. 1314, the Bipartisan Budget Act of 2015 (the “Legislation”), which dramatically changes the manner in which partnerships (and LLC’s taxed as partnerships) are audited and taxed by the IRS…more

Audits, Bipartisan Budget, IRS, Partnership Agreements, Partnerships

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NC Supreme Court Reaffirms Strict Blue Pencil Doctrine for Restrictive Covenants

The North Carolina Supreme Court recently reaffirmed that the power of North Carolina courts to “blue pencil” restrictive covenants is extremely limited, even when an agreement purports to give a court express authority to…more

Blue Pencil Contract Modification, NC Supreme Court, Non-Compete Agreements, Restrictive Covenants, Reversal

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North Carolina Supreme Court Gives Easement Holders 20 Years to Challenge Encroachments

On August 19, 2016, the North Carolina Supreme Court issued a decision that will benefit all companies that own easements. Patrolling easements and clearing them of vegetation and structures can be very costly, but the Supreme…more

Duke Energy, Easements, Encroachments, NC Supreme Court, Statute of Limitations

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New "White Collar" Final Rule Issued; Takes Effect December 1, 2016

Today, the U.S. Department of Labor issued its much-anticipated final rule changing the regulations for the so-called "white collar” exemptions under the FLSA, and significantly increasing the minimum salary level necessary for…more

DOL, FLSA, Minimum Salary, Wage and Hour, White-Collar Exemptions

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Federal Court Blocks New "White Collar" Regulations

A federal court in Texas has issued an order that blocks—nationwide—the U.S. Department of Labor’s (“DOL”) new regulations that would have doubled the minimum salary for many “white collar” workers on December 1, 2016. While not…more

DOL, Final Rules, FLSA, Preliminary Injunctions, Wage and Hour

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DOJ Provides Focused “Guidance” on Prosecuting Corporate Individuals

After receiving significant criticism on the Department of Justice’s failure to prosecute corporate executives involved in the financial crisis in 2008, Sally Yates, the Deputy Attorney General issued a seven page memo…more

C-Suite Executives, Cooperation, Corporate Fraud, Corporate Veil, DOJ

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COA Confirms That Any Appeals in Suits Designated Complex Business Cases After October 1, 2014 Must Go to the NC Supreme Court, or Face Dismissal

Today the Court of Appeals issued a decision addressing Session Law 2014-102, the 2014 Business Court Modernization Act, which requires that appeals in matters that are designated as mandatory complex business cases go straight…more

Appeals, Jurisdiction, NC Supreme Court

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Hurricane Matthew flood claims may not be entirely preempted by federal law

In the wake of Hurricane Matthew and its associated flooding (particularly in North Carolina and South Carolina), a recent case of first impression in the Sixth Circuit may be cited by both damaged businesses and insurers and…more

First Impression, Hurricane Matthew, Insurance Litigation, National Flood Insurance Program, Preemption

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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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The New Clery Handbook: What Your College or University Needs to Know Before Publishing Your October 2016 Annual Security Report (ASR)

On June 23, the U.S. Department of Education, Office of Postsecondary Education, published the 2016 Edition of The Handbook for Campus Safety and Security Reporting, as required by the Clery Act (the “Handbook")..…more

Annual Reports, Clery Act, Colleges, Dating Violence, Department of Education

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The Partial Lifting of Iranian Sanctions – Not Quite Business As Usual

Implementation Day under the Joint Comprehensive Plan of Action signed by the P5+1 (United States, United Kingdom, France, Russia, China and Germany), the European Union, and Iran (“JCPOA”) came on January 16, 2016 and certain…more

Implementation Day, International Atomic Energy Agency, Iran, Iran Sanctions, Joint Comprehensive Plan of Action (JCPOA)

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Important Changes to the Federal Rules

Be prepared to adapt your litigation and cost management strategies to the new amendments to the Federal Rules of Civil Procedure (“FRCP”) which will take effect on December 1, 2015. The amendments follow a four-year effort by…more

Case Management, Discovery, Federal Rules of Civil Procedure, New Amendments, Proportionality

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Important Changes to the Federal Rules

Be prepared to adapt your litigation and cost management strategies to the new amendments to the Federal Rules of Civil Procedure (“FRCP”) which will take effect on December 1, 2015. The amendments follow a four-year effort by…more

Case Management, Discovery, Federal Rules of Civil Procedure, New Amendments, Proportionality

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Rule Against Perpetuities and Leases in North Carolina

Remember the Rule Against Perpetuities? Think back to your days in law school, sitting in your 1L Property class. Remember the rule against perpetuities? Remember thinking that it would never really come into play in…more

Common Law Claims, Landlords, Leases, Right of FIrst Refusal, Rule Against Perpetuities

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Is the Owner-Manager of your Vendor your “Employee?” - Expansion of Coverage: North Carolina Crime Coverage Part: Embezzlement Is the Owner-Manager of your Vendor your “Employee?”

On November 14, 2014, the Eastern District of North Carolina entered summary judgment in favor of an insured seeking coverage for embezzlement for actions by owners of a vendor. Colony Tire Corp. v. Fed. Ins. Co., No. 2:15 CV…more

Claims Made Policy, Embezzlement, Employee Definition, Summary Judgment, Vendor Contacts

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Guests Laura DeVivo and Angel Sams Explain the N.C. General Assembly's Recently-Concluded and Critical "Crossover" Period

The "crossover" period has just ended in the North Carolina General Assembly, which is an inflection point for pending bills in each session. Here with a wonderful explanation of what "crossover" means, both technically and…more

Legislative Process

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Non-Compete Agreements Cannot be "Reasonable-ized" by Court--Even with the Parties' Consent

Yesterday, the Supreme Court stiffened its stern treatment of non-compete agreements. At issue in Beverage Systems was a non-compete clause that allowed the trial court to modify its geographic scope if the court determined the…more

Consent, Contract Amendments, Contract Drafting, Contract Terms, Non-Compete Agreements

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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

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

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DOJ Provides Focused “Guidance” on Prosecuting Corporate Individuals

After receiving significant criticism on the Department of Justice’s failure to prosecute corporate executives involved in the financial crisis in 2008, Sally Yates, the Deputy Attorney General issued a seven page memo…more

C-Suite Executives, Cooperation, Corporate Fraud, Corporate Veil, DOJ

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NaturaLawn Attempts to Clip the Competition, brings Trademark Suit against Naturescape

On February 23, 2016, Signum, LLC and NaturaLawn of America, Inc. (collectively, “NaturaLawn”), Maryland-based companies, filed a complaint in the Northern District of Georgia alleging trademark infringement, false designation…more

Intent-to-Use, Trademark Infringement, Trademark Litigation, Unfair Competition

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Do You Need Cyber Insurance or Will Your CGL Policy Be Enough?

In Travelers Indemnity Co. of America v. Portal Healthcare Solutions, LLC, the Fourth Circuit Court of Appeals reverses the recent trend of insurance companies avoiding any liability for data breaches under commercial general…more

Class Action, Commercial General Liability Policies, Cyber Insurance, Data Breach, Duty to Defend

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ISS and Glass Lewis Issue 2016 Policy Updates

Institutional Shareholder Services (ISS) and Glass Lewis recently released their voting guideline updates for the 2016 proxy season. ISS has also released updates to its QuickScore 3.0 product and its Equity Plan Scorecard…more

Glass Lewis, ISS, Overboarding, Proxy Season, Proxy Voting Guidelines

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FDA New e-Cig Rules Raise Issues for Traditional and Digital Ad Platforms

The long awaited FDA regulations “deeming” e-cigarettes a tobacco product have, at last been issued and were published in the Federal Register earlier this week. While they may have answered some questions, they also leave many…more

E-Cigarettes, FDA, Product Packaging, Tobacco, Tobacco Regulations

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Radical New Partnership Audit Rules

Last week, President Obama signed H.R. 1314, the Bipartisan Budget Act of 2015 (the “Legislation”), which dramatically changes the manner in which partnerships (and LLC’s taxed as partnerships) are audited and taxed by the IRS…more

Audits, Bipartisan Budget, IRS, Partnership Agreements, Partnerships

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Disrupting the Disruptors: Expensive News for App-based "Gig Economy" as Uber Loses Drivers' Claim

We consider the impact of the U.K. employment tribunal's decision in Aslam and others v Uber BV and others 2202550/2015 and others, including: the status of the drivers; the rights they can now enforce against Uber; and the…more

Disruptive Technology, Employer Liability Issues, Gig Economy, Independent Contractors, Uber

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FCC Nixes Mortgage Bankers' Petition on Autodialed Calls to Wireless Numbers

The FCC’s Consumer and Governmental Affairs Bureau recently denied a petition from the Mortgage Bankers Association for an exemption from the prior express consent requirement for autodialed calls and texts to wireless numbers…more

Auto-Dialed Calls, FCC, Mobile Devices, Mortgage Lenders, Prior Express Consent

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Halo Removed the Stranglehold of "Objective Recklessness" on Enhanced Damages for Patent Infringement

Although under the Patent Act, “a court may increase the damages [for patent infringement] up to three times,” 35 U.S.C. § 284, enhanced damages awards are infrequent. For nearly a decade, the Federal Circuit’s en banc decision…more

35 U.S.C. § 284, Enhanced Damages, Halo v Pulse, Judicial Discretion, Patent Infringement

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Dead Before the Ink is Dry? EU Approves Privacy Shield Text

After months of uncertainty, the U.S. again has a framework of rules to follow that will govern U.S. business’ use of EU residents’ data. The European Commission approved the text of the EU-U.S. Privacy Shield (the “Privacy…more

EU, EU-US Privacy Shield, European Commission, FTC, International Data Transfers

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Filing and Litigating a Hague Convention Child Abduction Civil Case in Federal Court

Background on Child Abduction Cases Under the Hague Convention - The Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”) is an international treaty in which the signatory countries…more

Child Abduction, Child Custody, Hague Convention, Pro Bono, US Department of State

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The New Clery Handbook: What Your College or University Needs to Know Before Publishing Your October 2016 Annual Security Report (ASR)

On June 23, the U.S. Department of Education, Office of Postsecondary Education, published the 2016 Edition of The Handbook for Campus Safety and Security Reporting, as required by the Clery Act (the “Handbook")..…more

Annual Reports, Clery Act, Colleges, Dating Violence, Department of Education

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Use of Modifier 25 - 2017 Medicare Physician Fee Schedule Proposed Rule

The Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) have reviewed the use of Modifier 25 to unbundle payments for evaluation and management (E/M) services when a procedure is performed…more

Billing, CMS, Coding, Health Care Providers, Medicare

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EPA Issues Final Rule on Formaldehyde Emission Standards for Composite Wood Products

On Wednesday, July 27, 2016, the Environmental Protection Agency (“EPA”) released a prepublication version of its final rule on Formaldehyde Emission Standards for Composite Wood Products. The authority for the rule comes from…more

CARB, Distributors, EPA, Final Rules, Importers

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Basics of the BPCIA

The FDA broadly defines biologics as medical products derived from living sources (human, animal, plant, or microorganism) intended to treat or prevent diseases. Biologics thus include such varied vehicles of medical treatment…more

Affordable Care Act, Biologics, BPCIA, Commercial Marketing, Competition

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A Primer on Zoning Variances in North Carolina

What is a "variance" in the zoning context? Simply, it is relief from -- or a variation of -- the application of a zoning law to a particular piece of property…more

Land Owners, Local Ordinance, Urban Planning & Development, Variances, Zoning Laws

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South Carolina Supreme Court Decision Impacts Enforceability of Arbitration Provisions in New Residential Construction Sales Agreement

On July 6, 2016, the South Carolina Supreme Court filed its Opinion No. 27645, captioned Smith v. D.R. Horton, Inc., in which it affirmed the Court of Appeals' refusal to compel arbitration between new home purchasers and the…more

Arbitration Agreements, Construction Contracts, Contract Drafting, Housing Developers, Motion to Compel

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SEC Issues Final Crowdfunding Rules

On October 30, 2015 the Securities and Exchange Commission (the “SEC”) issued final rules that will allow private issuers to utilize innovative new “crowdfunding” techniques for offering and selling securities. The long-awaited…more

Capital Raising, Crowdfunding, Final Rules, JOBS Act, SEC

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Faster, Cheaper Designation of Agents to Accept DMCA Take-Down Notices

A message in a bottle tossed into the sea stands little chance of reaching its intended recipient anytime soon. A notice, to be effective, must be delivered to someone somewhere as expeditiously as possible. What if that someone…more

Copyright Infringement, DMCA, Internet Service Providers (ISPs), Service of Process, Takedown Notices

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[Webinar] Robins Kaplan Tribal Litigation Update: How Tribes may be able to recover damages from recent antitrust lawsuits - May 18th, 1:00pm CST

On July 13, 2012, Robins Kaplan LLP reached a $7.25 billion settlement with Visa, MasterCard and major US banks for alleged anticompetitive practices and price fixing in setting credit card interchange fees. One of the lead…more

Anti-Competitive, Credit Cards, MasterCard, Native American Issues, Price-Fixing

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Fearing Trolls, Some “Friends of the Court” Turn to Laches for Solace While Others Urge Reversal in SCA Hygiene v. First Quality Baby Products

On November 1st, the Supreme Court will hear oral arguments to decide whether “Raging Bull” applies in patent litigation. At issue is whether and to what extent a laches defense may bar a claim for damages in patent infringement…more

Copyright Infringement, Defense Strategies, Laches, Medical Devices, Patent Trolls

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Modtruss Stumbles on “Same” Problem with Battlefrog Obstacles - Motion for Preliminary Injunctive Relief Denied

This post follows up on this post on Judge Ross’s Order of June 6, 2016, in which she allowed Modtruss, Inc. (“Modtruss”), to clarify its intent with regard to a prior motion for a temporary restraining order and preliminary…more

Irreparable Harm, Patent Litigation, Preliminary Injunctions, Restraining Orders, Trade Dress

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FDA Gives Food Industry Three Years to Phase Out Partially Hydrogenated Oils from Food Products

On June 16, 2015, the Food and Drug Administration ("FDA") issued a declaratory order, requiring a phasing out of the use of partially hydrogenated oils ("PHOs"). In its order, the FDA stated that partially hydrogenated oils are…more

FDA, FFDCA, Food Manufacturers, GRAS, New Guidance

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Supreme Court Addresses Design Patent Damages for First Time in 120 Years: New Era of Design Patent Damages Dawn

On December 6, 2016, the United States Supreme Court threw out a $399 million damages award against Samsung for infringing three design patents, opening the door on a new era in design patent infringement damages and the value…more

Apple v Samsung, Calculation of Damages, Design Patent, Patent Infringement, Popular

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NCUA to Consider Supplemental Capital

At the NCUA’s October board meeting, senior staff of the NCUA submitted a briefing report (the “Report”) to the NCUA Board (the “Board”) on the issues concerning the use of supplemental capital by federally insured credit unions…more

Advanced Notice of Proposed Rulemaking (ANPRM), Capital Requirements, Credit Unions, Financial Institutions, Financial Sector

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EEOC Releases New Guidance on Retaliation Claims

According to the Equal Employment Opportunity Commission (EEOC), in 2015, retaliation claims made up to 45 percent of all private-sector charges filed with the agency. In recognition of the growth in the number of these claims…more

Adverse Employment Action, Discrimination, EEOC, Employer Liability Issues, Enforcement Guidance

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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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Radical New Partnership Audit Rules

Last week, President Obama signed H.R. 1314, the Bipartisan Budget Act of 2015 (the “Legislation”), which dramatically changes the manner in which partnerships (and LLC’s taxed as partnerships) are audited and taxed by the IRS…more

Audits, Bipartisan Budget, IRS, Partnership Agreements, Partnerships

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Lack of Original Note Can Be Fatal Enforcement

In Emerald Portfolio, LLC v. Outer Banks/Kinnakeet Assoc., LLC, the North Carolina Court of Appeals refused to allow a debt purchaser to enforce a note where the original note was lost before it was transferred to a debt…more

Appeals, Assignments, Debt Instruments, Promissory Notes, Uniform Commercial Code (UCC)

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Michigan State Data Breach and the Value of Preparedness

Michigan State University’s announcement earlier this month that hackers had gained access to a school database of about 400,000 records highlights why colleges and universities are such tempting targets for hackers and just how…more

Data Breach, Educational Institutions, Incident Response Plans, Ransomware, Student Records

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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

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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