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

150 Fayetteville Street Suite 2300
Raleigh, North Carolina 27601, United States

  • 919-821-1220
  • 919-821-6800

February 2, 2015 Deadlines for Reporting 2014 ISO Exercises and ESPP Transfers

Employers should be sure they are ready to comply with the fast-approaching deadlines for reporting 2014 incentive stock option (ISO) exercises and certain employee stock purchase plan (ESPP) transfers under Section 6039 of the…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Securities Law, Taxation

Contrary to Popular Opinion, North Carolina Courts Will Enforce Non-Competes

Employers regularly report that they are not convinced of the utility of non-compete agreements because “courts don’t enforce them.” Their distrust is well-earned because judicial opinions often state that non-compete…more
| Civil Remedies, Commercial Law & Contracts, International Law & Trade

New HSR Reporting Thresholds Announced for 2015

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
| Antitrust & Trade Regulation, Commercial Law & Contracts, Mergers & Acquisitions, Securities Law

First Reg A Issuer to Complete State Review Process Would Do It Again

This Growth Capital Investor article references Smith Anderson attorneys Benji Jones and Merrill Mason. A company that focuses on micro-lending for independent builders in real estate is now the first Reg A issuer to…more
| Commercial Law & Contracts, Construction Law, Finance & Banking, Securities Law

What Obama's Proposed Anti-Hacking Legislation Means for Entrepreneurs

The slew of highly publicized data breaches over the past few years has brought the issue of cyber-security truly to the mainstream -- most recently reaching our living rooms through President Barack Obama’s State of the Union…more
| Business Organizations, Labor & Employment Law, Privacy, Consumer Protection, Science, Computers, & Technology

New Year...New Minimum Wages in 20 States

The minimum wage under the federal Fair Labor Standards Act remains unchanged, but the new year brings minimum wage increases in 20 states. With these increases, 29 states and the District of Columbia now have minimum wage rates…more
| Labor & Employment Law

NC Business Court Signals Close Scrutiny of Trade Secret Claims

It is black-letter law that a plaintiff must identify its trade secrets “with sufficient particularity so as to enable a defendant to delineate that which he is accused of misappropriating.” Analog Devices, Inc. v. Michalski,…more
| Civil Procedure, Commercial Law & Contracts, Business Torts, International Law & Trade

OSHA Expands Reporting and Recordkeeping Requirements

Effective January 1, 2015, the revised Occupational Safety & Health Administration recordkeeping and reporting rules will go into effect, expanding injury reporting requirements and imposing recordkeeping requirements on…more
| Labor & Employment Law

Tips for Serving Alcohol at Company Parties

'Tis the season for spreading holiday cheer. While planning the company holiday party, remember that employers should act responsibly in serving alcohol to party guests…more
| Labor & Employment Law

Ten Common Myths of Data Breach Mitigation and Response

2014 has been dubbed by many as “The Year of the Data Breach.” While data breaches are not new, the recent slew of highly publicized retailer breaches has left companies wondering – If breaches can’t be prevented, why should we…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology

ISS and Glass Lewis Update Their Proxy Voting Guidelines

Institutional Shareholder Services (ISS) and Glass, Lewis & Co. (Glass Lewis), two of the leading providers of corporate governance research and proxy voting services, have published their updated proxy voting guidelines for…more
| Civil Procedure, Commercial Law & Contracts, Securities Law

Will Ebola Drive a New OSHA Infectious Disease Standard?

If asked, most safety directors, human resource professionals and others involved regularly with OSHA would probably cite construction as the industry most associated with employee injury and illness. Yet, according to OSHA…more
| Labor & Employment Law

Documents Speak Louder Than Words in Securities Fraud Suit

The Eastern District of North Carolina recently granted summary judgment for the defendant in a securities fraud action, holding that the plaintiff had failed to prove either scienter or reliance where alleged verbal…more
| Civil Procedure, Securities Law

U.S. Supreme Court Clarifies the Limits of Twombly/lqbal

Rejecting the "punctiliously stated 'theory of pleading'" applied by the district court and the Fifth Circuit, the U.S. Supreme Court in Johnson v. City of Shelby, Mississippi, ___ S.Ct. ___, 2014 WL 5798626 (2014), held that…more
| Civil Procedure, Constitutional Law

EEOC Issues New Guidance on Pregnancy

The Equal Employment Opportunity Commission (EEOC) recently issued comprehensive "Enforcement Guidance on Pregnancy Discrimination and Related Issues” (the Guidance). Along with the Guidance, the EEOC issued a Q&A document as…more
| Civil Rights, Labor & Employment Law
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Areas of Practice
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  • North Carolina
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