Womble Carlyle Sandridge & Rice, LLP

Amendment Moots Motions for Both Parties without Specific Adoption of Prior Filings

The latest order in a patent case in the Northern District of Georgia delves into the procedural niceties of federal practice, illustrating both how form continues to have power over substance and how the Court can nevertheless…more
| Intellectual Property

Drilling to the Essence of a Land Use Proceeding

What type of land use proceeding is this? Finding the correct answer to this question is critical to knowing your client’s rights and avoiding legal error. Like different sports, there are distinct types of land use…more
| Administrative Law, Civil Procedure, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

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
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Data Transfer Without Safe Harbors

European privacy law is a bold new world for U.S. businesses doing business in Europe. An October Court of Justice ruling struck down the Safe Harbor arrangement which had governed E.U.-U.S. data transfer transactions for years…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

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
| Civil Procedure, Environmental Law, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

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
| Civil Remedies, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

The Problem of Wearing Two Caps Simultaneously Part II

Our theme is that nobody looks good wearing two caps simultaneously. In Part I, we discussed the breach of lease claim asserted by the Town of Beech Mountain (Town) as landlord against Genesis Wildlife Sanctuary (GWS) in the…more
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The Case for a Unified Approach to Corporate and LLC Citizenship

Imagine opening your email one morning to find a copy of a complaint and summons just received by your out-of-state corporate client. The caption shows a familiar North Carolina company as the lone plaintiff, and a cursory…more
| Business Organizations, Civil Procedure

The Workplace is Not Immune: Guidance for Employers on the Zika Virus Outbreak

On April 22, 2016, the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA) jointly issued new guidance aimed at protecting workers from occupational exposure to the Zika…more
| Civil Rights, Labor & Employment Law

Steps to effectively cancel an insurance policy

The North Carolina Court of Appeals recently released an unpublished opinion further illuminating how insurers can effectively cancel worker's compensation policies. However, nothing in the case limits its application solely to…more
| Commercial Law & Contracts, Insurance, Worker’s Compensation

FCC Issues Tariff Investigation Order and NPRM Which Proposes to Substantially Revise and Expand the Regulation of Business Data Services

In May 2016, the FCC moved forward with its decade-overdue reform of the $45 Billion per year dedicated business data services (“BDS”) market. BDS providers, including major incumbent telecommunications companies and now even…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Communications & Media Law, Science, Computers, & Technology

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
| Labor & Employment Law

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
| Finance & Banking, Insurance, Labor & Employment Law

The Problem of Wearing Two Caps Simultaneously – Part I

A favorite teaching tactic in legal ethic courses is putting on and taking off different caps to illustrate the different roles lawyers play in various relationships. This “on again/off again” routine demonstrates that the…more
| Administrative Law, Commercial Law & Contracts, Real Estate - Commercial, Zoning, Planning & Land Use

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
| Labor & Employment Law
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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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