Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P.

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Attorney	Latest Publications
J. Mitchell Armbruster	An Update on Sequestration and Government Contractors Overview. “Sequestration” refers to automatic federal spending cuts put in place by the Budget Control Act of 2011. The cuts go into effect January 2, 2013, unless Congress passes legislation to avoid that result. The spending…more Contractors, Federal Budget, Fiscal Cliff, Sequestration, Spending Cuts	See All Updates »
Amy Batten	SEC Report Opens Door to Use of Social Media On April 2, 2013, the U.S. Securities and Exchange Commission (the “SEC”) issued a Report of Investigation (the “Social Media Report”) clarifying that a company subject to Regulation Fair Disclosure (“Regulation FD”) may use…more Disclosure Requirements, Information Sharing, Material Nonpublic Information, Netflix, Publicly-Traded Companies	See All Updates »
Martin Brinkley	FTC Announces New HSR Reporting Thresholds for 2013 The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR”) requires parties to transactions meeting certain size thresholds to make notification filings with the Federal Trade Commission and the Antitrust Division of the…more DOJ, Exemptions, FTC, Hart-Scott-Rodino Act, Penalties	See All Updates »
Rebecca Brophy	Delaware Court Finds That a Reverse Triangular Merger Does Not Result in an Assignment by Operation of Law In Meso Scale Diagnostics, LLC v. Roche Diagnostics GMBH the Delaware Court of Chancery confirmed that a reverse triangular merger did not result in an assignment by operation of law. This affirms the traditional view often…more Assignments, Reverse Triangular Mergers	See All Updates »
David Clement	Ownership of Inventions Funded with Federal Research Grants The FY-2012 National Defense Authorization Act reauthorized the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs through 2017. Administered by the U.S. Small Business…more Bayh-Dole Act, Funding, Inventions, March-in, NDAA	See All Updates »
Alicia Gilleskie	Newly Effective HIPAA Omnibus Rule Makes Sweeping Changes to HIPAA The long-awaited final omnibus rule (Omnibus Rule) that modifies the Health Insurance Portability and Accountability Act of 1996 (HIPAA) [1] took effect last week, on March 26, 2013. Leon Rodriguez, Director of the U.S…more Business Associates, Covered Entities, Data Protection, HHS, HIPAA	See All Updates »
David Hayden	Over-the-Cliff: Advice to Contractors Facing Sequestration Automatic spending cuts caused by “sequestration” went into effect on March 1, 2013, after the federal Government could not avoid or further delay sequestration as Congress and the President had agreed during January of 2013. We…more Contractors, Federal Acquisition Regulations, Sequestration, Settlement, Spending Cuts	See All Updates »
Jamison Hinkle	Reminder: January 31, 2013 Deadline for Employers to Report Incentive Stock Option (ISO) Exercises and Employee Stock Purchase Plan (ESPP) Transfers During 2012 With rebounding stock prices and significant tax uncertainty in 2012, many employers saw optionees elect to exercise in-the-money stock options last year. For some, especially smaller employers and/or private companies, these…more Employee Stock Purchase Plans, Filing Deadlines, Incentive Stock Options, IRS, Reporting Requirements	See All Updates »
J. Travis Hockaday	eTrends - DOL Issues Final Rule Implementing Amendments to the FMLA On February 6, 2013, the 20th anniversary of the enactment of the federal Family and Medical Leave Act ("FMLA"), the U.S. Department of Labor issued a Final Rule amending certain regulations under the FMLA to expand…more AFCTCA, DOL, Flight Crews, FMLA, Military Caregiver Leave	See All Updates »
Benji Jones	New Reporting Requirements Under the Iran Threat Reduction and Syria Human Rights Act of 2012 On August 10, 2012, the United States delivered its latest economic blow to Iran by enacting the Iran Threat Reduction and Syria Human Rights Act of 2012. U.S. companies have long been forbidden from engaging in most…more Compliance, Disclosure Requirements, Iran Sanctions, Iran Threat Reduction and Syria Human Rights Act, OFAC	See All Updates »
Byron Kirkland	Delaware Court Finds That a Reverse Triangular Merger Does Not Result in an Assignment by Operation of Law In Meso Scale Diagnostics, LLC v. Roche Diagnostics GMBH the Delaware Court of Chancery confirmed that a reverse triangular merger did not result in an assignment by operation of law. This affirms the traditional view often…more Assignments, Reverse Triangular Mergers	See All Updates »
Isaac Linnartz	Smith Anderson Obtains Dismissal of Dodd-Frank Act “Say on Pay” Claims In a groundbreaking new decision, the United States District Court for the Eastern District of North Carolina has dismissed “say on pay” claims against officers and directors of Dex One Corporation. Smith Anderson served as the…more Directors, Dodd-Frank, Executive Compensation, Fiduciary Duty, Motion to Dismiss	See All Updates »
Wayne Maiorano	Changes to North Carolina Lien and Bond Law – What You Need to Know A number of significant changes to North Carolina’s lien and bond statutes were just signed into law. In part, these changes are in reaction to concerns from the title insurance industry about so-called “hidden” liens, the risk…more Bonds, Construction Liens, Contractors, Liens, Notice Requirements	See All Updates »
Matthew Martin	Changes to North Carolina Lien and Bond Law – What You Need to Know A number of significant changes to North Carolina’s lien and bond statutes were just signed into law. In part, these changes are in reaction to concerns from the title insurance industry about so-called “hidden” liens, the risk…more Bonds, Construction Liens, Contractors, Liens, Notice Requirements	See All Updates »
Jason Martinez	ISS Governance QuickScore to Replace GRId System Institutional Shareholder Services (ISS), a leading provider of corporate governance research and proxy voting services, has announced that it is replacing the Governance Risk Indicators (GRId) database, which was designed to…more Audits, Corporate Governance, GRId System, ISS, Proxy Voting Guidelines	See All Updates »
Caryn McNeill	The Season for ESOP Valuation Updates “In the spring a young man’s fancy lightly turns to thoughts of … [ESOP updates]?” With apologies to Tennyson, this is the time of year when trustees of Employee Stock Ownership Plans, or “ESOPs,” begin to receive and…more ERISA, ESOP, Stocks, Trustees, Valuation	See All Updates »
Miranda Miller	FTC Announces New HSR Reporting Thresholds for 2013 The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR”) requires parties to transactions meeting certain size thresholds to make notification filings with the Federal Trade Commission and the Antitrust Division of the…more DOJ, Exemptions, FTC, Hart-Scott-Rodino Act, Penalties	See All Updates »
Jackson Moore	Over-the-Cliff: Advice to Contractors Facing Sequestration Automatic spending cuts caused by “sequestration” went into effect on March 1, 2013, after the federal Government could not avoid or further delay sequestration as Congress and the President had agreed during January of 2013. We…more Contractors, Federal Acquisition Regulations, Sequestration, Settlement, Spending Cuts	See All Updates »
Susan Milner Parrott	Reminder – As of May 7, 2013, Use of the New, Revised Form I-9 is Required As of May 7, 2013, all employers must be using the new, revised Form I-9 issued by the United States Citizenship and Immigration Services. Employers are required to complete and retain a Form I-9 to verify the identity and…more Eligibility, Hiring & Firing, I-9, USCIS	See All Updates »
K. Alan Parry	Smith Anderson Obtains Dismissal of Dodd-Frank Act “Say on Pay” Claims In a groundbreaking new decision, the United States District Court for the Eastern District of North Carolina has dismissed “say on pay” claims against officers and directors of Dex One Corporation. Smith Anderson served as the…more Directors, Dodd-Frank, Executive Compensation, Fiduciary Duty, Motion to Dismiss	See All Updates »
Gerald Roach	SEC Report Opens Door to Use of Social Media On April 2, 2013, the U.S. Securities and Exchange Commission (the “SEC”) issued a Report of Investigation (the “Social Media Report”) clarifying that a company subject to Regulation Fair Disclosure (“Regulation FD”) may use…more Disclosure Requirements, Information Sharing, Material Nonpublic Information, Netflix, Publicly-Traded Companies	See All Updates »
Margaret Rosenfeld	SEC Report Opens Door to Use of Social Media On April 2, 2013, the U.S. Securities and Exchange Commission (the “SEC”) issued a Report of Investigation (the “Social Media Report”) clarifying that a company subject to Regulation Fair Disclosure (“Regulation FD”) may use…more Disclosure Requirements, Information Sharing, Material Nonpublic Information, Netflix, Publicly-Traded Companies	See All Updates »
Mary Pat Sullivan	Newly Effective HIPAA Omnibus Rule Makes Sweeping Changes to HIPAA The long-awaited final omnibus rule (Omnibus Rule) that modifies the Health Insurance Portability and Accountability Act of 1996 (HIPAA) [1] took effect last week, on March 26, 2013. Leon Rodriguez, Director of the U.S…more Business Associates, Covered Entities, Data Protection, HHS, HIPAA	See All Updates »
A. Heath Tripp	New Reporting Requirements Under the Iran Threat Reduction and Syria Human Rights Act of 2012 On August 10, 2012, the United States delivered its latest economic blow to Iran by enacting the Iran Threat Reduction and Syria Human Rights Act of 2012. U.S. companies have long been forbidden from engaging in most…more Compliance, Disclosure Requirements, Iran Sanctions, Iran Threat Reduction and Syria Human Rights Act, OFAC	See All Updates »
Donald H. Tucker, Jr	Smith Anderson Obtains Dismissal of Dodd-Frank Act “Say on Pay” Claims In a groundbreaking new decision, the United States District Court for the Eastern District of North Carolina has dismissed “say on pay” claims against officers and directors of Dex One Corporation. Smith Anderson served as the…more Directors, Dodd-Frank, Executive Compensation, Fiduciary Duty, Motion to Dismiss	See All Updates »

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